HomeMy WebLinkAbout9276-9299RESOLUTION NO. 9299 (2002 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO ADJUSTING COMPENSATION
FOR THE CITY ADMINISTRATIVE OFFICER
WHEREAS, by Resolution No. 9037 (2000 Series), the City Council appointed
Ken Hampian as City Administrative Officer; and
WHEREAS, by Resolution No. 9218 (2001 Series), the City Council established
compensation for City Administrative Officer Ken Hampian; and
WHEREAS, the City Council conducted a performance evaluation on March 14,
2002 in accordance with the Appointed Officials Performance Process as modified in
November of 2001;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective April 11, 2002, the City Administrative Officer's salary
shall increase to $12,083 per month which includes the employee's 7% PERS contribution.
SECTION 2. All other compensation and benefits afforded the City
Administrative Officer under Resolution No. 9247 (2001 Series), Resolution No. 9218
(2001 Series), Resolution No. 9088 (2000 Series), and the City Administrative Officer
Employment Agreement (Resolution No. 9037, 2000 Series), not superseded by the
above, shall remain in full force and effect.
SECTION 3. The City Council shall evaluate the performance of the City
Administrative Officer annually.
On motion of Council Member Mulholland, seconded by Vice Mayor Marx,
and on the following roll call vote:
AYES: Council Members Ewan,
Marx, and Mayor Settle
NOES: None
ABSENT: None
Mulholland, Schwartz, Vice Mayor
9299
Resolution No. 9299 t2 Series)
Page 2
The foregoing Resolution was passed and adopted this 2nd day of April 200 V
MAYOR ALLEN SE
ATTEST:
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LEE PRICE, CITY CLERK
'APPROVED AS TO FORM:
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RESOLUTION NO. 9298 (2002 Series)
RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF
THE CITY OF SAN LUIS OBISPO REQUESTING THE
LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS
FOR ANNEXATION OF TERRITORY INTO THE CITY LIMITS OF
THE CITY OF SAN LUIS OBISPO
WHEREAS, the City of San Luis Obispo recently purchased approximately 154 acres of
land from Jack and Pat Foster, which property is outside the corporate limits of the City of San
Luis Obispo; and
WHEREAS, said property has been dedicated as permanent open space, and is bordered
by open space lands within the city limits; and
WHEREAS, in order that the rules and regulations governing use of said open space
lands can be properly enforced, the property must be within the city limits of the City of San Luis
Obispo; and
WHEREAS, the City Council of the City of San Luis Obispo therefore desires to initiate
proceedings pursuant to the Cortese - Knox - Hertzberg Local Government Reorganization Act of
2000, commencing with Section 56000 of the California Government Code, for annexation of
territory into the City of San Luis Obispo; and
WHEREAS, the territory included within the boundaries of the annexation is
uninhabited (that is, it holds less than 12 registered voters) and a map of the territory to be
annexed is included with this Resolution as Exhibit "A ".
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby requests that the Local Agency Formation Commission of San Luis Obispo
County (LAFCO) is hereby requested to undertake proceedings for the annexation of territory as
authorized and in the manner provided by the Cortese - Knox - Hertzberg Local Government
Reorganization Act of 2000.
BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the
City Administrative Officer to take all actions necessary and proper to effect this annexation.
On motion of Council Member Mulholland, seconded by Vice Mayor Marx, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
Resolution No. 9298 (200 Series) O
Page 2
The foregoing resolution was adopted this 2nd day of April 2002.
Allen K. Settle, Mayor
Lee Price, City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9297 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A MITIGATED NEGATIVE DECLARATION
AND VESTING TENTATIVE TRACT MAP FOR PROPERTY LOCATED
ON 1144 WALNUT STREET; TR/ER 130 -01 (Tract 2447)
WHEREAS, the City Council conducted a public hearing on March 19, 2002, in the
Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California for the purpose of
considering Tract 2447, a condominium subdivision with 17 units and environmental review;
and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings on December 19, 2001 and again on January 9, 2002, for the purpose of considering
Application TR/ER 130 -01, a condominium subdivision with 17 units; and
WHEREAS, the Architectural Review Commission conducted a public hearing on
February 4, 2002, and approved the proposed building designs for the project; and
WHEREAS, the City Council reviewed and considered the Mitigated Negative
Declaration of environmental impact and the mitigation monitoring program prepared for the
project; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed map is consistent with the General Plan because the subdivision will
provide for high- density residential development.
2. As conditioned, the design or improvement of the proposed subdivision is consistent with
the General Plan because each dwelling has access to a compact, private open space area
and the development will occur as part of the neighborhood pattern anticipated for the
high density residential zone.
3. The site is physically suited for the proposed type of development because it is an under-
developed site that is adjacent to an existing street right -of -way.
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Resolution No. 9297 (2002 Series)
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4. As conditioned, the site is physically suitable for the proposed density of development
because the site is within an existing City block, services are available to serve the
development, and utilities have been designed to serve the site per City standards.
5. The design of the subdivision, or the type of improvements, is not likely to cause
substantial environmental damage or substantially and unavoidably injure fish or wildlife
or their habitat because the site does not have any creeks or other potentially significant
habitat areas for fish or wildlife.
6. The design of the subdivision, or type of improvements, is not likely to cause serious
public health problems because the type of improvements are residential and
development will be designed to meet existing building and safety codes.
7. The design of the subdivision, or the type of improvements, will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision because no such easements exist.
8. The Mitigated Negative Declaration for the project adequately identifies and evaluates
the potential impacts associated with this project and where impacts are potentially
significant, mitigation measures are provided to reduce these impacts to less than
significant levels.
SECTION 2. Environmental Review. The City Council does hereby adopt a Mitigated
Negative Declaration for the project, with the following mitigation measures and monitoring
programs.
1. Mitigation
The final project design shall comply with all recommendations of the July 18, 2001 acoustical
analysis prepared by Brown - Buntin Associates for the project.
e Monitoring Program:
This mitigation measure will be monitored through the Building Permit application process.
Where compliance is not evident through an evaluation of construction drawings, notes shall be
added to the project plans to insure implementation of the recommendations.
2. Mitigation
In coordination with the City Traffic Engineer, immediately contact Caltrans District 5 staff and
determine the potential for adjusting the timing of the traffic signals at Walnut Street and Santa
Rosa Street (SR 1). The objective of these potential signal timing adjustments would be reduce
the westbound queue on Walnut Street during peak traffic periods such that ingress and egress at
the project driveway from Walnut street is not obstructed.
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Resolution No. 9297 (2002 Series)
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• Monitoring Program:
Monitoring of the mitigation measure shall include the following components:
A. Retain a qualified traffic specialist to observe traffic operations on Walnut Street between
Santa Rosa and Toro Streets during am and pm peak traffic periods. These observations shall be
conducted six months from the time the project is fully occupied; and again at one year from full
occupancy; and two years from full occupancy.
B. Traffic observations shall note the length of any queue of eastbound vehicles on Walnut
Street at the project driveway and its effect on traffic operations. A significant traffic operations
problem will exist when:
i. The length of any eastbound queue extends across the driveways serving the
Washington Mutual Bank (1106 Walnut Street) or the office complex across Walnut Street (656
Santa Rosa Street).
Or
ii. City records show an incidence of traffic collisions associated with vehicles turning
into the project driveway at a rate equal to or grater than 2 collisions for any 12 -month period. .
C. The traffic specialist will prepare a brief written report with findings and submit it to the
City's Traffic Engineer for review and acceptance. The Engineer may require other field
observations if the specialist's report is inconclusive.
3. Mitigation
If the Mitigation Monitoring program for the above mitigation measure determines that
alternative mitigation measures are necessary to mitigate significant impacts, then the following
mitigation measures shall apply to the project, to the approval of the City's Traffic Engineer:
A. Further modifications to the Santa Rosa - Walnut Street traffic signals to improve traffic flow
along Walnut Street during peak traffic periods and reduce traffic queues.
B. Re- striping of the street and removing curb parking to create a center turn lane serving
fronting properties.
C. Other safety measures deemed effective by the City's Traffic Engineer.
• Monitoring Program:
Monitoring of the mitigation measure will be performed by the City's Traffic Engineer based on
the report to be submitted by the applicant's traffic consultant. If the first mitigation measure is
not feasible because of problems coordinating with Cal Trans, then this mitigation measure will
be required with the initial project development and will be monitored by Community
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Resolution No. 9297 (2002 Series)
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Development Department Staff in coordination with the Traffic Engineer and other Public Works
Department Staff as improvement plans and building plans are submitted for the project.
4. Mitigation
The Conditions, Covenants, and Restrictions (CC &R's) for the project shall include a
requirement, to be enforced by the Homeowners' Association and the City, that all garages must
be available for parking two vehicles at all times.
• Monitoring Program:
Planning Division staff will insure that this language is included in the project CC &R's with
their normal review of the CC &R's for the project.
5. Mitigation
The final project shall be designed to include locations for the collection of recyclable materials
and sufficient space shall be provided for each unit to store a waste wheeler for recycling service
from the local garbage company.
• Monitoring Program:
This mitigation measure will be monitored by Planning Division Staff through Architectural
Review, the Building Permit plan check process and through blue card (final) inspections of the
project site.
SECTION 3. Action. The City Council does hereby approve application TR -ER 130 -01,
a 17 -unit condominium project on 1144 Walnut Street, subject to the following conditions and
code requirements.
1. The damaged detached sidewalk along the westerly frontage shall be replaced per city
standard. The detached sidewalk shall transition after the telephone and electrical
equipment pedestals to an integral sidewalk. New curb and gutter shall be installed
where gutter does not exist along this section of frontage.
2. Disabled access ramps shall be provided at the new entrance to the satisfaction of the
Public Works Director.
3. The section of damaged sidewalk near the intersection of Walnut and Toro at the power
pole shall be replaced. The damaged disabled access ramp at the corner shall be
replaced.
4. Sewer lateral and storm drain improvements extending into Cal Trans right -of -way shall
be reviewed and approved by Cal Trans. A city encroachment permit is also required for
review of connection to the city sewer main.
5. Provide a new street light near the driveway entrance to the project to the satisfaction of
the Public Works Director.
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Resolution No. 9297 (2002 Series)
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6. Provide public pedestrian easements as necessary to accommodate ADA access at curb
ramp and/or driveway entrance.
7. The subdivider shall dedicate a public utility easement, 2 meters wide, across the portion
of the property that is contiguous to the Walnut Street and Toro Street rights -of -way.
Easements for onsite public utilities and appurtenance purposes shall be provided to the
satisfaction of the Public Works Director and the utility companies.
8. The subdivider shall dedicate a public street tree easement, 3 meters wide, across the
Walnut Street frontage of the property.
9. The project shall be graded to preclude cross -lot drainage, or, appropriate easements and
drainage facilities shall be provided, to the satisfaction of the Director of Public Works.
10. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall
be tied to the City's Horizontal Control Network. At least two control points shall be
used and a tabulation of the coordinates shall be submitted with the final map or parcel
map. All coordinates submitted shall be based on the City coordinate system. A 3.5"
diameter computer floppy disk, containing the appropriate data compatible with Autocad
(Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes,
shall be submitted to the City Engineer.
11. The final map, public improvement plans and specifications shall use the International
System of Units (metric system). The English System of Units may be used on the final
map where necessary (e.g. - all record data shall be entered on the map in the record
units, metric translations should be in parenthesis), to the approval of the City Engineer.
12. Prior to approval of the public improvement plans, the developer's engineer shall submit
a digital copy of the public improvement plans, signed and stamped by the engineer of
record, to the Director of Public Works. All digital plans submitted to the City shall be
compatible with the City's system (the current City format is Autocad, Digital
Interchange Format, DXF, for Geographic Information System purposes).
13. Upon completion of the public improvements, an "as- built" version of the digital copy
shall be submitted, which include any approved change of plan revisions, in addition to
as -built tracings, prior to the City's acceptance of said improvements.
14. Applicant shall install a "street type" entrance to the driveway at Walnut Street, with
sidewalk curb ramps on either side. Five (5) meters of red curb shall be installed on either
side of driveway, extending from the back of each curb return.
15. Applicant shall provide short and long -term bicycle parking consistent with provisions of
Section 17.16.060 of the Municipal Code and with standards contained within the 1993
Bicycle Transportation Plan. Project plans reviewed by the ARC shall show how these
code requirements have been met.
16. A safe overflow will be required to convey runoff from this site to a safe point of disposal
to the approval of the Chief Building Official.
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Resolution No. 9297 (2002 Series)
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17. Final grades and alignments of all water, sewer and storm drains (including service
laterals and meters) shall be subject to change to the satisfaction of the Director of Public
Works and Utilities Engineer.
18. The applicant shall pay Park In -Lieu Fees prior to recordation of the Final Map,
consistent with SLO Municipal Code Section 16.40.080.
19. Conditions, Covenants and Restrictions (C.C. &R.$) are required, to the approval of the
Community Development Director and the Public Works Director.
20. The project shall meet the City's parking space requirement through the provision of
additional on -site parking, reduction of the parking requirement by eliminating bedrooms,
or both, to the approval of the Community Development Director.
21. The subdivider shall place underground, all existing overhead utilities adjacent to the
tract boundary along the public street frontage(s), to the satisfaction of the Public Works
Director and utility companies.
22. The redevelopment of the site triggers the Utilities Department Sewer Lateral Abandonment
Policy. This policy states that the sewer lateral must be abandoned at the main prior to
demolition unless the lateral is intended for reuse and it passes a video inspection. If the
sewer lateral is intended for reuse, the owner shall submit a VHS videotape documenting the
internal condition of the pipe to the Utilities Department for approval.
23. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify
and hold harmless the City and/or its agents, officers and employees from any claim,
action or proceeding against the City and/or its agents, officers or employees to attack, set
aside, void or annul, the approval by the City of this subdivision, and all actions relating
thereto, including but not limited to environmental review.
24. The windows on the rear elevations of Units 9 -12 shall be operable, to the approval of the
Chief Building Official.
25. The driveway width at the project entrance and adjacent to Unit 1 and Unit 17 shall be a
minimum of 20 feet. Driveways in other locations on the project site may be 16 feet
wide.
Code Requirements
1. A water allocation is required, due to the additional demand on the City's water supplies.
Currently, a water allocation can only be obtained through the water retrofit program.
The City's Water Conservation division can help in determining the needed allocation
and the necessary number of retrofits. Water Conservation can be reached by calling
781 -7258. The cost of retrofitting is directly credited against the project's Water Impact
Fees, at a rate of $150 per bathroom retrofitted.
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Resolution No. 9297 (2002 Series)
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2. Water and Wastewater Impact Fees shall be paid at the time building permits are issued.
Both the Water and Wastewater Impact Fees are charged on a "per residential unit" basis.
3. The on -site sewer shall be privately owned and maintained. The water meters shall be
manifolded in groups of no more than 4 -1" meters or 6-3/4" meters. If the units are to be
air -space condos, they can use a separate fire sprinkler service and the domestic water
meters can be 3 /a ". Otherwise, water for the fire sprinklers shall pass through the
domestic water meters, which then must be 1" size.
4. In the event the units are to be air -space condos, a separate connection would be required
for automatic fire sprinklers. The fire service lateral shall include a USC approved
backflow preventer appropriate for the proposed use. The backflow preventer shall be
located as close to the public right -of -way as possible, in direct alignment with the
connection to the public water main. The backflow preventer can be located no further
than 25 feet from the right -of -way line without prior written approval of the Utilities
Engineer. If the fire service supports one or more fire hydrants, the USC approved
backflow preventer shall also include detector capabilities (double detector check
assembly). The FDC may be located behind the backflow prevention assembly, in
accordance with manufacturer's recommendations. The location and orientation of the
FDC shall be approved by the Fire Department. A monthly service fee of $22.40 shall be
required if the property does not have a connection to the City system for domestic use.
5. By ordinance, the applicant is required to prepare a recycling plan for approval by the
City to address the recycling of construction waste for projects valued at over $50,000 or
demolition of structures over 1000 square feet. The recycling plan shall be submitted to
the Building Department with the building plans. The City's Solid Waste Coordinator
can provide some guidance in, the preparation of an appropriate recycling plan.
6. In addition to the proposed tree preservations and/or relocations, street trees shall be
planted along Walnut and Toro per city standard. Tree species and locations shall be
reviewed and approved by the City Arborist prior to building permit issuance.
7. Access shall be in accordance with Article 9 of the California Fire Code, and to the
approval of the City Fire Marshall.
8. A hydraulic analysis of the storm drain system based upon a 10 year storm shall be
submitted -at the time of building permit application to insure compliance with existing
City standards.
On motion of Council Member Schwartz, seconded by Council Member Ewan, and on
the following roll call vote:
AYES: Council Member Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
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Resolution No. 9297 (2002 Series)
Page 8
The foregoing resolution was passed and adopted this 19th day of March 2002.
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Lee Price, City
APPROVED AS TO FORM:
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RESOLUTION NO. 9296 (2002 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO HOLDING IN ABEYANCE THE APPEAL OF THE CULTURAL
HERITAGE COMMITTEE'S HISTORICAL SIGNIFICANCE
DETERMINATIONS FOR THREE OF THE BUILDINGS LOCATED AT
2238 BROAD STREET UNTIL A FULL AND INDEPENDENT ANALYSIS
OF CULTURAL RESOURCES ISSUES IN AN EIR IS COMPLETED
(ARC 138 -00)
WHEREAS, the Cultural Heritage Committee conducted a public hearing on November
26, 2001 and determined that the buildings located at 2238 Broad Street are significant historic
buildings based on findings consistent with the City's Historical Preservation Program
Guidelines and the California Environmental Quality Act; and
WHEREAS, the project applicant provided supplemental information on the historical
significance of the buildings, hazardous materials in the structures, and structural integrity of the
buildings following the Cultural Heritage Committee's public hearing on the issue that may have
impacted the Committee's ultimate historical significance determinations on the three buildings
in question; and
WHEREAS, the project will require the preparation of an Environmental Impact Report
(EIR) which among other issue areas, will address the historical significance of buildings that
presently exist on site; and
WHEREAS, the City Council conducted a public hearing on March 19, 2002, and has
considered testimony of the appellants, interested parties, the records of the Cultural Heritage
Committee hearing and action, supplemental information, and the evaluation and
recommendation of staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo that the determination of historical significance, and possible mitigation strategies for the
three buildings located at 2238 Broad Street, be put in abeyance until the completion of an
independent Cultural Resources analysis in the EIR prepared for the project, and that no City
approvals shall be granted to demolish the buildings until a final historical determination is made
by the City Council.
On motion of Council Member Schwartz, seconded by Mayor Settle, and on the
following roll call vote:
AYES: Council Member Marx, Schwartz and Mayor Settle
NOES: Council Member Mulholland
ABSENT: Council Member Ewan
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City Council Resolution No. 9296 (2002 Series)
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The foregoing resolution was passed and adopted this 19`h day of March 2002.
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City
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RESOLUTION NO. 9295 (2002 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO AFFIRMING THE DETERMINATIONS OF THE CULTURAL
HERITAGE COMMITTEE THAT TWO BUILDINGS LOCATED ON 497
MARSH STREET ARE SIGNIFICANT HISTORIC BUILDINGS AND
THAT THEIR LOCATIONS ARE AN INTEGRAL PART
OF THEIR SIGNIFICANCE (ARC 164 -01)
WHEREAS, the Cultural Heritage Committee conducted a public hearing on January 28,
2002 and determined that the buildings located on 497 Marsh Street are significant historic
buildings and that their locations are integral to their significance based on findings consistent
with the City's Historical Preservation Program Guidelines; and
WHEREAS, two historical evaluations have been prepared for the project that include
information supporting the Cultural Heritage Committee's significance determinations; and
WHEREAS, the City Council conducted a public hearings on March 5, 2002, and on
March 19, 2002 and has considered testimony of the appellants, interested parties, the records of
the Cultural Heritage Committee hearing and action, and the evaluation and recommendation of
staff; and
WHEREAS, the City Council affirms the significance determinations made by the
Cultural Heritage Committee for two buildings located on 497 Marsh Street.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo that the two buildings located on 497 Marsh Street are significant historic resources and
that their locations are an integral part of their significance, based on the following findings:
SECTION 1. Findings.
The buildings are closely associated with a historical person, Criteria VI.2 in the
Historical Preservation Program Guidelines. The property's original owner and
resident, Antonio G. Pinho, was a Portuguese immigrant who served on the City
of San Luis Obispo Board of Trustees in 1901 and served as a city firefighter and
Treasurer of the Fire Department for at least 15 years.
2. The buildings are architecturally significant because they demonstrate traditional,
vernacular and/or eclectic influences that represent a particular social milieu and
period of the community; and because of the uniqueness of their hybrid styles
(separate main house and kitchen, believed to be for fire safety) and how these
styles are put together.
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City Council Resolution No. 9295 (2002 Series)
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3. The location of the house and the detached building (formerly a kitchen and
washroom for the residence) reflect the social status of the original builder and
occupant and exhibit important information regarding the social context of the
building and occupant because other significant individuals in the history of San
Luis Obispo, including the Jack family and the Higuera family, lived on this part
of Marsh Street.
4. The building's locations are significant because Marsh Street is important to the
history and development of San Luis Obispo as one of its main thoroughfares and
the historic residence is one of a few original residences remaining from the 19`s
century.
5. Thomas Higuera lived on North Marsh in 1880. The Higuera residence was next
door to and directly east of the house owned by R.E. Jack, which is across Marsh
Street from the Pinho residence.
6. Pinho purchased the property on 497 Marsh Street from Thomas Higuera who
was granted a 5.46 acre parcel of land in this area in 1870 and completely
subdivided the land into individual plots by 1886 or 1888.
7. Although Pinho's historic residence has been modified and adapted for
commercial use, Pinho would be able to recognize the fagade of his former
residence, which has not been substantially altered.
8. Antonio Pinho built his home on 497 Marsh Street circa 1880 and resided there
with his wife for 33 years until his death. He had two daughters who lived at the
home and his wife continued to live at the home after his death, which constitutes
a significant primary connection to the building of at least two generations.
9. The building has maintained a high degree of stylistic "integrity" (Criteria I.4.)
because the fagade has not been substantially altered.
10. The building design has overall attractiveness because of craftsmanship and
aesthetic value. (Criteria 112).
11. The structure is compatible with neighboring structures (Jack House, Wilkenson
House and Kaetzel House) in its setting on the basis of period style (form, height,
roof lines) design elements ... (which) together combine to create an integral
cultural, historic or stylistic setting. (Criteria V.2).
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City Council Resolution No. 9295 (2002 Series)
Page 3
12. The environmental design continuity of Marsh Street is greatly enhanced by this
building in that it is compatible with neighboring structures, such as the Jack
House and other historic houses in the vicinity which combine to form a
geographically definable area with its own distinctive character. (Criteria V.3.).
SECTION 2. Denial. The appeal of the Cultural Heritage Committee's significance
determinations for two buildings located on 497 Marsh Street is hereby denied:
On motion of seconded by Council Member Ewan, and Council Member Mulholland and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland, and Vice Mayor Marx
NOES: Council Members Schwartz and Mayor Settle
ABSENT: None
The foregoing resolution was passed and adopted thisl9th day of March 2002.
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ATTEST:
APPROVED AS TO FORM:
:ityv Attorney Jeff Jorge
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RESOLUTION NO. 9294 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION ON A MODIFICATION TO USE PERMIT U 204 -92 AT
399 FOOTHILL BOULEVARD, U 204 -92
WHEREAS, the Planning Commission, on January 23, 2002, denied a modification to
Use Permit U 204 -92 to allow an existing 4 -foot tall fence to remain located on property line and
within the public right -of -way where 3 feet would otherwise be the maximum height allowed in
the C -N -S zone; and
WHEREAS, Elyse Iverson filed an appeal of the Planning Commission's action on
February 4, 2002, and
WHEREAS, the City Council conducted a public hearing on, March 5, 2002, for the
purpose of considering the appeal to the Planning Commission action on Use Permit U 204 -92;
and
WHEREAS, the City Council has considered testimony of the applicant/appellant,
interested parties, the records of the Planning Commission hearings and actions, and the
evaluation and recommendation of staff.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of use permit application U
204 -92, the Planning Commission's decision, staff recommendation, public testimony, and
reports thereof, makes the following findings:
1. The proposed fence will adversely affect the health, safety and welfare of persons living
or working at the site and in the vicinity because the fence poses a traffic safety hazard for
sight line visibility at the Foothill Blvd. /South Tassajara intersection.
2. The installed fence is located.2 -feet within the public right -of -way along South Tassajara
which has raised valid concerns for safety from the City's Public Works Department,
which is not in favor of granting a temporary encroachment permit to allow the fence to
remain in this location.
3. The existing fence is not compatible with the site and surrounding residential
neighborhood because the color and location detract from the overall character of the
neighborhood and does not allow for landscaping to provide a visual transition between
the street and subject property.
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Resolution No. 9294 (2002 Series)
Page 2
4. The existing fence was constructed in violation of Use Permit U 204 -92 for not being set
back 18- inches from property line.
SECTION 2. Action. The appeal is hereby denied.
SECTION 3. In consideration of the financial impact of fence removal on the appellant,
the Council established the following time frame for removal:
1. Signage for the subject property shall be brought into compliance within 3 months.
2. The fencing along Foothill Blvd. shall be setback 18- inches from property line consistent
with Use Permit U 204 -92 within 6 months.
3. The fencing along South Tassajara has been approved to be located on property line (2
feet from back of sidewalk) out of the public right -of -way within 12 months.
4. City Staff shall review landscape plantings between the back of sidewalk and fence on
Foothill Blvd. and South Tassajara in two years, to ensure plant health and proper
screening.
On motion by Council Member Mulholland, seconded by Vice Mayor Marx, and on the
following roll call vote:
AYES: Council Members Mulholland, Schwartz, Vice Mayor Marx, and Mayor
Settle
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution was passed and adopted this 5 h day of March 20
Aver- 5��Ioe -4�;�04 W
Mayor Allen Settle
Lee Price, City_ Clerk _ ""
C
Resolution No. 9294 (2002 Series)
Page 3
APPROVED AS TO FORM:
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RESOLUTION NO. 9293 (2002 Series)
ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION
PROGRAM AND PRIORITIES FOR 2002
WHEREAS, a major objective of the City Council is to adopt an aggressive legislative program
which strengthens local government, promotes City goals and defends the City against legislative actions
by State and Federal governments that would weaken local government and/or take away traditional
revenue sources; and
WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively
communicate with State Legislators and Federal representatives in order to favorably influence State and
Federal legislation, regulations and grant requests; and
WHEREAS, the League of California Cities conducts a legislative analysis and advocacy
program on behalf of cities for State issues and major Federal issues; and
WHEREAS, with four County supervisors representing different portions of the City, it is
imperative that the City develop an improved system for regular communication with the Board of
Supervisors, particularly concerning land use issues adjacent to the City; and
WHEREAS, the City should continue to emphasize developing a positive relationship with North
County Cities and agencies concerning water issues; and
WHEREAS, the City desires to be proactive and involved in the governmental decision making
processes directly affecting the City legislative priorities identified in Exhibit ``A ", the League of
California Cities legislative priorities identified in Exhibit "B ", and other selected issues as may from time
to time be recommended by the League of California Cities; and
WHEREAS, a key component of the City's Legislative Action Program is face -to -face meetings
between City representatives and elected officials at the Federal, State, and County levels, and
coordination with similar efforts made by other local government entities.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo does hereby establish the Legislative Action Priorities for 2002, as set forth in the attached
Exhibits "A" and "B ", and authorizes staff to take positions on legislation generally consistent with the
Legislation Action Priorities and such other resolutions and recommendations of the League of California
Cities as may be from time to time presented to the City.
R 9293
Resolution No. 9293 (2002 Series 0
Page 2
Upon motion of Council Member Schwartz, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Mulholland, Schwartz, Vice Mayor Marx, and Mayor Settle
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution was adopted this 5`h day of March 2002.
Mayor Allen Settle
O
Exhibit A
Resolution No. 9293
Page 1 of 9
EXHIBIT A: CITY LEGISLATIVE ACTION PRIORITIES FOR 2002
FEDERAL PRIORITIES
1. Requiring funding of federally mandated programs, including new water /wastewater
regulations, or eliminating such mandates
2. Promoting continued and increased funding sources for transportation, especially
transit
3. Obtaining new funding sources to expand housing opportunities for low and
moderate income families
4. Supporting legislation to transfer ownership of Salinas Reservoir to a local agency
for the purpose of facilitating the Salinas Dam Expansion Project
5. Supporting legislation on coastal preservation
6. Supporting legislation that provides regulatory relief to local government in
complying with the Fair Labor Standards Act and overtime provisions for exempt
employees
7. Supporting continued funding for the Land and Water Conservation Grant Program
8. Supporting legislation to exempt cities from liability for leakage of hazardous waste
discharge to Publicly Owned Treatment Works (POTW's) from sewers
Supporting legislation which strengthens the ability of cities to control their public
rights -of -way and apply zoning regulations relative to the telecommunications
industry
10. Supporting legislation to increase the availability of grant funding to replace aging
infrastructure of all types; e.g.: streets, bridges, water and sewer systems, etc.
11. Supporting legislation that grants monies to local government for infrastructure
improvements in areas that have contamination from oil and gas production.
12. Endorsing legislation which provides local government with a fair share tax on
catalog and internet sales; and opposing legislation that limits state or local authority
to tax catalog or Internet sales
13. Supporting legislation which assists welfare reform to work in a positive way and
provides funding for the social service programs of local non - profit organizations
A -1
O
O Exhibit A
Resolution No. 9293
Page 2 of 9
14. Obtaining cooperation and prompt approval from the Environmental Protection
Agency (EPA) and Army Corps of Engineers for necessary flood control projects
and lake dredging, and the Damon - Garcia Sportsfields
15. Supporting legislative action to retain the existing process of local judicial review of
land use decisions, thus avoiding preemptory, premature intrusion of federal courts
into matters best known to local authorities at the local level
16. Supporting legislation for grant funding for steelhead restoration projects
17. Opposing mandatory social security for newly hired local governmental employees
18. Supporting legislation to promote the safe, responsible, and cost effective reuse of
biosolids
19. Supporting the existing federal water efficient plumbing standards contained in the
Clean Water Act
20. Promoting Federal efforts toward preservation of open space, coastal resources
signature land forms, wetlands, and other natural resources or areas threatened by
development
21. Supporting the creation of National Marine Sanctuary off the Coast of San Luis
Obispo County to protect this fragile habitat from offshore oil and gas development
22. Supporting legislation that encourages research and development by businesses
through tax credits or other incentive programs
23. Supporting legislation that grants monies to local agencies, educational institutions
and non -profit corporations to provide incubator services to new and small
businesses dedicated to developing new technologies
24. Supporting legislation that funds the arts — especially public art
25. Seeking federal participation in the Ahearn property acquisition (within the
boundaries of Los padres National Forest) through the Federal Forest Legacy
Program or other appropriate Federal funding program
26. Supporting funding for national and international tourism promotion
27. Supporting continued funding for CDBG at or above recent levels
28. Supporting continued funding for Federal block grants for local law
enforcement
kvd
D Exhibit A
Resolution No. 9293
Page 3 of 9
29. Supporting cleanair transit funding for San Luis Obispo County
30. Supporting a sustainable energy policy
31. Supporting continuation of AMTRAK services
32. Promoting funding for the acquisition and preservation of open space
STATE PRIORITIES
FINANCE
1. Supporting efforts to protect the City from loss of revenues due to State mandates
2. Supporting legislation that strengthens opportunities for local fiscal independence
3. Returning ERAF
4. Supporting efforts to "protect, preserve and reform" local government revenue
sources
5. Supporting legislation which better assures any reductions in Vehicle License Fees
by the State will be back - filled to local government in a permanent way
6. Supporting funding for state tourism promotion
7. Endorsing legislation which provides local government with a fair share tax on
catalog and internet sales; and opposing legislation that limits state or local authority
to tax catalog or Internet sales
COMMUNITY DEVELOPMENT
1. Opposing mandated State approval of local General Plan Elements, such as
implementing and compliance with State General Plan Housing element law
(especially any return of SB 910 or other sanctions for noncompliance)
2. Promoting funding sources to encourage the retrofitting of unreinforced masonry
buildings
3. Promoting state efforts toward preservation of open space, coastal resources,
signature land forums, wetlands, and other natural resources or areas threatened by
development
4. Promoting realistic housing requirements in the Housing Element — more local
A -3
w
Exhibit A
Resolution No. 9293
Page 4 of 9
influence on HCD Regional Housing Need Allocations
5. Promoting funding of on- campus housing at Community Colleges and CSU for
student and faculty housing
6. Promoting the concept of Urban Growth Boundaries
7. Promoting funding for the arts, especially public art
8. Promoting legislation which moves final decision on school site locations from
school district authority to local government (city or county) authority
9. Preserving local control of planning and zoning matters (such as the prohibition of
drive- through windows
10. Promoting funding and/or legislation that encourages research and development by
businesses in California
11. Supporting funding for the promotion of California as a place to locate businesses
12. Making funding available for affordable housing for low and moderate income
families to all cities and communities without regard to whether or not HCD has
certified their housing element. Affordable housing need does not depend on
Housing Element status
13. Promoting funding for acquisition/maintenance of historic sites and structures
14. Promoting funding for the acquisition and preservation of open space
PUBLIC SAFETY
1. Preserving city's authority to investigate police misconduct
2. Preserving city's authority to establish emergency medical service levels
3. Increasing City authority to regulate group homes for juvenile offenders
4. Continuing support for disaster preparedness/earthquake preparedness
5. Supporting grant requests for Regional Hazardous Material Response Team, and
other related activities
5. Supporting efforts to secure higher levels of cost recovery for DUI's
A-4
Exhibit A
Resolution No. 9293
Page 5 of 9
6. Supporting efforts to expand the scope of parental responsibility for crimes
committed by minors
7. Supporting efforts to provide the Governor with authority to override the parole
board when anyone convicted of a violent offense is proposed to be released on
parole
8. Preserving the authority of local control on issuance of concealed weapons permits
9. Supporting a state -wide gaming commission to oversee all forms of gambling in the
state
10. Retaining budget commitments for Public Safety supplemental funding - State
COPS Program
11. Supporting legislation to help curb underage drinking
12. Supporting another ABC inspector to work on minor /alcohol issues
13. Opposing new or increased state fees for state provided law enforcement services
TRANSPORTATION
1. Changing Gas tax laws to allow local tax for transportation purposes based on a
majority vote of the public
2. Increasing transportation funding (including transit, bicycles, others), especially
transit
3. Working with Caltrans, SLOCOG, and the California Transportation Commission
to abandon Hwy 227 as a state facility within the City
4. Working with Caltrans to modify the blanket maintenance Agreement to have
City perform all traffic signal maintenance.
5. Providing state funding for CalTrans replacement of structures that have
contributed to local flooding
6. Supporting cleanair transit funding for San Luis Obispo County
HUMAN RESOURCES/EMPLOYEE RELATIONS
1. Further reforming Worker's compensation
A -5
0
0
Exhibit A
Resolution No. 9293
Page 6 of 9
2. Supporting the legal challenge to SB 402, which instituted_ a system of compulsory
and binding arbitration for the resolution of collective bargaining disputes with
police and.fire employees for all public agencies
3. Preserving the fiscal integrity of PERS and opposing State mandates that augment
PERS benefits outside of the collective bargaining process
4. Opposing the expansion of the "Peace Officers' Bill of Rights" or other attempts to
curtail management rights
5. Monitoring employee healthcare/benefit changes
PUBLIC WORKS
1. Better defining "qualified" bidders in public contracts bidding
2. Redefining Prevailing wages as "average" local wages
3. Streamlining Federal and State process for funding street projects
4. Increase to $20,000 limits of work (from $5,000) for public projects not requiring
competitive bidding
5. Supporting Proposition 42,.The Transportation Congestion Improvement Act
PARKS AND RECREATION AND NATURAL RESOURCES
1. Supporting recreational programming, particularly for "at risk" individuals within
the City
2. Supporting funding for: protection of natural resources (e.g., the Morros), open
space, and parks development (e.g. Proposition 12)
3. Supporting funding for rehabilitation of urban parks
4. Supporting efforts at the State level for a park and open space bond measure
5. Seeking legislative grants supporting the City's acquisition of properties in the City
greenbelt
6. Obtaining grant funding for unmet community recreational needs
7. Improving the timeliness and accuracy of fingerprinting for volunteers
OR
`J
Exhibit A
Resolution No. 9293
Page 7 of 9
8. Supporting another statewide parks and recreation bond measure to be adopted by
the state legislature, approved by the governor, and passed by the voting public
9. Encouraging the State Department of Parks and Recreation to expedite the
distribution of Proposition 12 funds
10. Encouraging our local legislators to include an item in the state budget to allocate
$1,000,000 to the City for construction of a portion of the Community
Center/Therapy Pool project
11. Seeking legislative exemption from property taxes on lands dedicated to open space
purposes which are outside the boundaries of the jurisdiction owning such lands
12. Supporting Proposition 40, The California Clean Water, Clean Air, Safe
Neighborhood Parks and Coastal Protection Act of 2002
UTII.ITIES
1. Providing funding for reclaimed water programs
2. Supporting clean water grant programs
3. Supporting legislation to modify or enhance local government's ability to comply
with solid waste requirements
4. Supporting legislation to eliminate mandatory penalties for violations of NPDES
Requirements and returning discretionary control to the Regional Water Quality
Control Board Executive Officers. (Repeal SB 709)
5. Supporting legislation which will enhance market development for recycled
materials
6. Supporting legislation to exempt cities from liability for leakage of hazardous waste
discharged to POTW's from sewers
7. Supporting legislation to increase availability of grant funding for replacement of
aging infrastructure
8. Supporting legislation promoting the safe, responsible, and cost - effective reuse of
biosolids
9. Supporting legislation to streamline the state regulatory permit process through the
use of general permits
A -7
O
Exhibit A
Resolution No. 9293
Page 8 of 9
10. Supporting legislation to establish water efficiency standards in the "Appliance
Efficiency Standards"
11. Supporting legislation to return discretion and flexibility to the Regional Water
Quality Control Boards in permitting
12. Supporting Legislation funding local, community based energy efficiency
programs
13. Supporting a sustainable energy policy
COUNTY PRIORMES
1. Reaching agreement with the County and North County communities on solutions
for Salinas Reservoir expansion and Nacimiento pipeline projects
2. Developing consistency between the City and County General Plans, particularly to
emphasize the concepts that (1) urban development should be municipal, and (2)
unincorporated areas shall remain rural, agricultural, or open space in character
3. Working cooperatively with the County in the construction of County administrative
and judicial offices and courts in the in the downtown area. Encouraging
participation by County in providing nearby parking for County employees and
clients, and alternate transportation and parking demand reduction
4. Improving regional solid waste management
5. Developing cooperative approaches for providing services on a regional basis
6. Resolving County issues relative to the local review of biosolids to maximize our
opportunities for safe and cost effective reuse opportunities
7. Discussing and resolving issues on the City periphery, such as conversion of
agricultural zoning to residential subdivision and industrial use, allowing increases
in density in residential and industrial areas, allowing substantial development
beyond the City's urban reserve line and giving greater credence to and respecting
the integrity of the City's planning process
Continuing to work with other cities to convince the County that urban-like
development should take place within the boundaries of cities, and not in the
unincorporated areas — and especially not within the urban growth boundaries of
cities
M.
•
•
Exhibit A
Resolution No. 9293
Page 9 of 9
9. Working with the Airport Land Use Commission to develop a mutually acceptable
plan for the Margarita Area
10. Working cooperatively with the County to solve City /Countyflood problems
EDUCATION
Supporting efforts to adequately fund the educational units within our community:
- primary and secondary schools
- special education programs for disadvantaged as well as gifted students
- Cuesta College
-the CPSU /SLO, whose unique programs and educational approach within the CSU
warrant special consideration
I
• O Resolution NO. 92
LOOKING AHEAD: PREDICTING LEGISLATIVE ISSUES FOR 2002
State Budget Crisis and Potential Impact on
City Revenues
Budget forecasters from both the legislature and
administration agree that the State faces major
financial shortfalls in the current and next fiscal
year. The Legislative Analyst projects a 2001 -02
deficit of $4.5 billion and shortfall in 2002 -03 of
$12.4 billion.
As the Governor and legislators scramble to
balance the State Budget, a number of city revenues
look ripe for the picking. The most vulnerable city
revenue is the state general fund "backfill" for the
vehicle license fee reduction made in 1999. That
backfill figure is now $3.7 billion for cities and
counties. For local government, this evokes images
of the early 1990's, when the State grabbed local
property taxes to meet obligations for school
funding.
We were all gratified to hear the Governor vow at
our Annual Conference in December that he would
not "balance the budget on the backs of local
government ". Nevertheless, we expect that there
will be pressure within the administration and by
legislators to consider all options to balance the
budget and meet the State's statutory requirement
to fund schools, including local revenues. Cities
must engage their legislators, local community
organizations and employee groups in keeping local
revenues off the table in any state budget negotia-
tions. For more information, contact
s en6akk a iti
Workers` Compensation
There is widespread agreement among all
concerned parties that state workers' compensation
benefits to injured California workers are.exceed-
ingly low when compared to national averages.; For
the past three years, the legislature has passed
several bills to increase the level of benefits. The
Governor has vetoed every measure that reached his
desk, asserting that additional reforms are needed.
He encouraged the employer community to negotiate
with the applicant attorneys, labor representatives,
and legislators to arrive at a mutually agreed -upon
package.
While the governor planned to work with the
Legislature and all interested parties on a new reform
package in 2002, labor interests, represented by
Senator Burton and Assembly Member Calderon, have
upped the ante by launching an effort to put a
benefits increase initiative on the November 2002
ballot. The governor is likely to put a new legislative
proposal on the table in January in an effort to head
off further work on this initiative, which increases
benefits, but does nothing to address his concerns
about system reforms. For more information, contact
Amy Brown at browna @cacities.org.
Housing
The year 2002 may turn out to be the year for
significant housing element reform, based upon the
work of the Lowenthal/Wiggins working group. In
addition, look for various proposals that attempt to
assist local governments when they approve housing,
with additional fiscal tools triggered on future
budget upswings. The prospects for a significant
housing bond for the November, 2002 ballot also
appear favorable. As usual, look for bills sponsored
by developers or housing advocates aimed at limit-
ing the ability of a local jurisdiction to deny hous-
ing. For more information, contact Dan Can-igg at
Jggd @cacities.org.
Planning Issues
Despite all the focus on "smart growth" over
recent years, neither the Legislature nor the Gover-
nor — through their actions —has particularly
embraced the concept. It's also not'clear how-this
issue will be affected by a slowing economy. Look
for renewed efforts to insert various principles into
state and local planning, including potential state
CONTINUED ON PAGE 6
Visit the League's Official Web Site--www.cacities.org PRIORITY FOCUS/PAGE 5
EXHIBIT B -1
OResolution No. 9293
LEGISLATIVE PRIORITIES from page 5■eoe.eeee..eee . eaese ■eeeeeeeeoown
school bonds, water bonds, infrastructure bonds, as
well as legislation to promote transit- oriented
development and infill development. Group home
issues may also return following the implementation
of Proposition 36. For more information, contact
Dan Carrigg at caniggd @cacities.org.
Economic Development
Economic downturns tend to create legislative
interest in promoting job development and new
investment. It is not clear how this issue will play
out, perhaps in expanded authority for enterprise
zones, expanded job creation tax credits, infrastruc-
ture bonds and other mechanisms. For more informa-
tion, contact Dan Carrigg at carr6ggdCo)cac4ties.or4
Telecommunications — Public Right of Way
The League will be working to push legislation
that would give the State and local governments the
authority to receive payment for telecommunications
companies using public rights -of -way. Currently,
State and local governments are authorized to
require compensation from some types of telecom-
munications providers (including cable television
companies and providers of certain other non-
telephone services) but not from others (namely
telephone corporations that provide telephone
service to the general public, including internet
access).
Public rights -of -way are public assets that
involve substantial public costs to acquire and
maintain. Many other utilities and specialized users
of public rights-of -way pay their fair share for that
use, including electric utilities, gas utilities, oil
pipeline companies, cable television providers and
sometimes ambulance and taxicab companies. It is
time to have telephone corporations pay their fair
share.
Telephone companies were initially given free
use of public property in the early days of telephone
as a quid pro quo for agreeing to wire the entire
state, even the rural areas where service was not
profitable. However, due to recent changes in the
Public Utilities Commission regulations, generally,
telephone corporations are no longer required to
provide service throughout entire regions. In the
absence of this obligation, there is no longer any
justification for receiving special treatment. For
more information, contact Amy Brown at
browna @ca c i t i es . oro .
Transportation
Proposition 42, which will appear on the March
2002 ballot would amend the state constitution to
dedicate the sales tax revenues on gasoline to
transportation purposes, particularly beginning in
2008 -09. This would provide a significant injection
of new revenue for the entire transportation system,
and.for a variety of multi -modal purposes.
Proposition 42 will help speed up the delivery of
planned traffic relief projects on highways and local
rods, and will help expand local bus and commuter
services throughout California.
How it works
Beginning in 2008.09 and every year thereafter,
funds generated from the sales tax on gas would be
allocated 409/6 to the State Transportation Improve -
ment Program (STIP), 20% to cities for the same
purposes, 20% to counties for maintenance, rehabilita-
tion, reconstruction and storm damage and 20% to
transit. Revenue generated from the sales tax on
gasoline is projected to reach $1.4 billion by 2008 -09,
meaning the STIP would receive approximately $560
million, counties and cities $280 each and transit .
$280 annually. Proposition. 42 also protects funds that
were commited to the Governors Traffic Congestion
Relief Plan, according to AB 292R (Chap= 91 _ Stat-
utes 2000). The funds from AB 2928 would be
allocated from 2003 -04 until 2007 -08. This protec-
tion would be locked in from the year 2003 -2004.
CONTINUED ON PAGE 7
PAM6 /PRIORITY FOCUS Visit the League's Official Web Site -nwwwcacities.org
B -2
OResolution NO
LEGISLATIVEPRIORITIES from page 6°° n.mmmmmm.mm..amm..mm..mm....mmm
Cities and counties will receive revenues dedicated to
filling potholes and repaving city streets and county
roads in dire need of repair throughout many commu-
nities in the State. Investing in these projects now will
save the taxpayers costs up to 4 to 5 times greater
than today's costs. should these repairs be delayed. For
more information, contact Natasha Fooman at
foomann@racities. oro.
v
Public Safety
We expect to see a huge emphasis on police and
fire funding and reimbursements. Cities will face
significant costs, especially for training and new
equipment to combat terrorism. They are the first
responders to any public safety emergency, and their
number one job is protecting the public's health and
safety.
These expenditures were not planned and
unfortunately must come out of existing local
budgets. Results of a recent League /CSAC survey
regarding local government anti - terrorism expendi-
tures indicates current department budget overruns
of 13% in public safety services, 10% in fire and EMS
services, and 6% in hazardous materials response
services. These figures are certain to increase by the
end of the fiscal year as cities continue to assess
their public safety service requirements.
Additionally, local governments are being forced
to protect public infrastructure. The League /CSAC
survey also indicated that local governments have
spent $17.8 million for protection of key facilities,
including security and surveillance systems, fencing,
camera equipment, water systems, and training.
These expenditures represent millions of dollars in
unanticipated costs to local governments, and there
is no indication of how long they will have to sustain
them.
Gaming is certain to be an important issue this
year. Legislation will be introduced regarding the
method by which moneys from the Indian Gaming
Special Distribution Fund (IGSDF) are distributed.
The IGSDF, which is used for the receipt and deposit
of moneys received by the state from Indian tribes
pursuant to the terms of the tribal -state gaming
compacts, are available for appropriation by the
Legislature in the form of grants for the support of
state and local government agencies impacted by tribal
government gaming. For more information, contact
Natasha Fooman at foomannPcacities.oro.
Water
With the heavy rains and snow in December,
concerns of a drought in 2002 appear to be lessen-
ing. Thus, legislation to address water conservation,
supply and pricing as they relate to a drought may
or may not come before. the Legislature. In addition,
water quality proposals — especially relating to
sewage treatment facilities and stormwater systems
— may be the focus of some activity. For more
information, contact Yvonne Hunter at
h n e Pocities.org
Energy
A number of energy issues may continue to_ be
debated in 2002. Whether these issues translate into
legislation depends upon What happens within the
regulatory and legal arenas. Key potential topics are
investor -owned utilities' solvency and rescue, public
power and the future of direct access. For more
information, contact Yvonne Hunter at
hunter; @cacities.ora
Solid Waste and Recycling
Efforts to revise regulation of solid waste facili-
ties may once again surface, including pot6ritiatL t
efforts to limit local authority to approve and
regulate solid waste facilities. For more information,
contact Yvonne Hunter at h m @rarities.nrg
For more information on this and other,
important topics for California citiesi visit the,
League's official Web site, www.cacities.org
Visit the League's Official Web Site-- www.cacities.org PRIORITY FOCUS /PAGE 7
B -3
9293
O O Resolution No. 929;
LEAGUE DEVELOPS 2002 FEDERAL PRIORITY ISSUES
As the 107th Congress begins their second year, the League is working with the National League of
Cities, California city lobbyists and other appropriate partners on a well- defined list of priorities. Key
areas that have been identified as priorities include homeland security, affordable housing, transportation,
and telecommunications and technology.
HOMELAND SECURITY
Support of flexible block grants to local governments to improve. security and public safety locally:
Such funding would enable cities, as the first- responders, to increase emergency response and public
safety efforts, improve communications systems, effectively prepare against bioterrorism attacks, develop
citizen preparedness programs, and meet other critical security needs. In the first two and a half months
since September 11, California local governments have encountered budget overruns of 13% in public
safety. Cities and counties estimate over $1 billion in additional one -time and ongoing funding needs in
2002.
AFFORDABLE HOUSING
Support increased resources and tools to expand the supply of affordable housing, including creation
of an affordable rental housing production program that provides cities with direct assistance to help
produce, rehabilitate, and preserve affordable housing.
Support tax incentives to promote private investment in the production of rental housing units,
including enactment of new tax benefits that complement the federal Low - income Housing Tax Credit
Program and provide additional incentives to invest in multi - family rental housing.
The California Department of Housing and Community Development in a recent report titled "Raising
the Roof" found that California is suffering from a significant shortfall of housing production. California's
projected need through 2020 is 220,000 new housing units annually. California is currently producing
only around 150,000 units —a 70,000 -unit shortfall. Additionally, a September 2000 report by the National
Low - Income Housing Coalition, ranked California 45th among states in rental housing affordability.
TRANSPORTATION
Support the reauthorization of TEA -21, including improving funding for California's state and local
transportation programs.
Support increased flexibility and streamlining reforms that assist cities in operating and maintaining
the existing transportation network, including allowing reciprocity between the National Environmental
Protection Act (NEPA) and the California Environmental Quality Act (CEQA) to alleviate redundant
environmental review for transportation projects and assure more timely project delivery. In
California, such changes are key for cities as local governments bear responsibility for the operation
and maintenance of approximately 79 percent of the state's total maintained road system.
Support new funding to enhance the security and safety of California's transportation and
infrastructure systems.
TELECOMMUNICATION SITECH N OLOGY
Public Safety Spectrum: Ensure adequate broadcast spectrum is available to local governments for
public safety communications. Current spectrum allocations are insufficient and often force local
response agencies to operate across different incompatible radio frequency bands. As a result, agencies
responding to emergencies are often unable to communicate rapidly with each other, creating a
significant vulnerability for cities. This occurred in the aftermath of the September 11 attacks and remains
a constant problem for California public safety agencies.
B -4
Resolution No. 9293
Public Rights -of -Way Maintenance: Preserve state and local authority to manage public rights -of-
way, zoning, and protect public safety and welfare. Oppose proposals that reduce or eliminate
compensation paid to cities for the use of their property and rights -of -way.
E- Commerce: Support efforts to ensure all sales transactions are treated equally, leveling the playing
field for traditional "Brick and Mortar" merchants, out of state sellers such as remote web sites, and mail
order outlets, as well as new hybrid "Click and Mortar" businesses.
• Oppose proposals that bar collection of sales and use taxes on Internet transactions which cities and
their residents depend on to provide critical municipal services (e.g., police and fire services receive
approximately 60 percent of city discretionary spending; other important services include sewer and
water systems, road maintenance, parks, recreation, and libraries.)
• Support state and local governments' ability to require remote sellers without a physical presence in
the state to collect use taxes on goods and services sold, and remit those taxes to the purchaser's
state.
• Support state and local governments' efforts to simplify and reduce compliance costs for remote
sellers on use tax remittance. This includes uniform definitions and categories for items subject to
sales and use tax and a method to keep these uniform definitions in place for a multi -year period to
make such systems sustainable.
• Support proposals that allow state and local governments to gain taxing authority automatically after
fulfilling Congress' simplification requirements.
• Oppose proposals that exempt all intangible property and software downloads from sales and use
tax. Makers of these products should pay their fair share.
B -5
RESOLUTION NO. 9292 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE 2002 CDBG PROGRAM, AMENDING SECTION 108 LOAN USES
AND PREVIOUS CDBG PROGRAM YEARS, AND ENDORSING THE SAN LUIS
OBISPO URBAN COUNTY'S DRAFT ONE -YEAR ACTION PLAN
WHEREAS, the City of San Luis Obispo is a participating jurisdiction in the San Luis
Obispo Urban County, along with the cities of Arroyo Grande, Atascadero, Grover Beach, and
Paso Robles, and the County of San Luis Obispo, and
WHEREAS, said cities and County cooperatively administer several federal grant
programs under the provisions of the Cooperative Agreement approved by the San Luis Obispo
City Council on July 13, 1999 and as amended on September 7, 1999, and under applicable U.S.
Department of Housing and Urban Development Department (HUD) rules, and
WHEREAS, pursuant to said agreement, the Urban County Public Participation Plan and
HUD rules, the City Council held a public hearing on February 19, 2002 to consider funding
recommendations by the Human Relations Commission (HRC), to review applications for
federal grant funding, and to consider public comments on community needs and the use of such
funds, and
WHEREAS, the Council has considered applications for Community Development
Block Grant (CDBG) funds, public testimony, the Urban County's proposed One -Year Action
Plan, including proposed funding allocations for the CDBG program, Home Investment
Partnership (HOME), Emergency Shelter Grants (ESG), and the Special Urban Projects Fund,
HRC recommendations and staff report, and
WHEREAS, the Council has also considered previous years' CDBG funding allocations
and determined that amendments are necessary to re- allocate unused funds, or to re- allocate
funds to activities with greater community need or urgency.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The Council hereby determines that the
proposed funding actions are not "projects" as defined by Section 21065 of the California
Environmental Quality Act (CEQA), since they will not cause a direct or indirect physical change
in the environment and do not involve the issuance of a lease, permit, license, certificate or other
entitlement. Consequently, no further environmental review is necessary.
SECTION 2. 2002 Community Development Block Program. The City's 2002
Community Development Block Program, Exhibit A, is hereby approved.
SECTION 3. CDBG Program Amendments. The 1998, 1999, and 2000 CDBG
Programs are hereby amended, as shown in Exhibit B.
M:Sy1PL7A
0 0
Resolution No. 9292 (2002 Series)
Page 2
SECTION 4. Section 108 Loan Amendment. Approved uses for the Section 108
federal guaranteed loan are hereby amended to include up to $95,000 to assist Judson Terrace
Lodge, a non - profit housing agency, provide handicapped accessible housing facilities for low -
income, frail elderly persons.
SECTION 5. One -Year Action Plan. The San Luis Obispo Urban County's Draft One-
Year Action Plan is hereby endorsed, Exhibit C.
SECTION 5. Board of Supervisors Consideration. The Council hereby forwards the
above actions to the San Luis Obispo County Board of Supervisors for consideration prior to the
Board's final action on the Urban County's 2002 Consolidated Plan.
SECTION 6. City Administrative Officer Authority. The City Administrative Office
is authorized to act on behalf of the City in executing grant agreements and other actions
necessary to implement the approved Consolidated Plan and CDBG Program.
Upon motion of Council Member Schwartz, seconded by Council Member Marx,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19'' day of February 2002.
Allen
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
f G. orge en, 56y Attorney
0 0
city of san lugs oBispo Exhibit A 89292
2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Approved at the February 19, 2002 City Council Meeting
I
NO
Applmn t
Z
A ......
t1ndin
;.R' .eqae S t d.
..... .... . .. . . .
;Recommended
Section 108 loan proceeds. It is recommended this balance be transferred to activity # 2.
CDBG
other
Sources
Taw
from the balance in the Park Hotel loan repayment fund. This fund, originally funded with a State CDBG
grant, currently has a balance of $80,000 and can be used for public services.
-781501i
577- T:
94,5
at the requested level, with the additional funding coming from activity #12.
la
City of San Luis Obispo
Section 108 Loan Repayment
213,500
213,500
0
213,500
Judson Terrace Lodge
Accessibility Improvements
108,000
13,500
94,500
108,000
3
People's Self-Help Housing
So. Higuera Apartments
350,000
340,667
1 340,667
4
Aids Support Network
Energy Improvements
10,000
10,000
0
1 10,000
3
Sojum Services
Supported Living Project
100,000
0
b
0
.. .. ........
........... . .. . X
338,ltbik
......
6
EOC
Homeless Shelter Operations
138,000
138,000
0
138,000
7
EOC
Prado Day Center Operations
50,000
0
50,000
50,000
8
UCP of SLO County
Disabled Children Recreation
4,000
0
0
0
9
The Literacy Council
Literacy Program
10,000
0
0
0
TO
Big Brothers-Big Sisters
At-Risk Child Mentoring
33,828
0
0
0
..........
.. " .... ......
I . . . ........ :XX
. . . . . . . . ...
lb
City of San Luis Obispo
Section 108 Loan Repayment
108,500
108,500
0
108,500
11
City of San Luis Obispo
I ADA Sidewalk Impry
150,000
70,667
0
70,667
12
City of San Luis Obispo
lHuasna/Oceanaire Neigh Imp ry
140,000
23,371
107,300
130,671
13
Food Bank of SLO County
IFood Bank Warehouse
28,000
28,000
0
28,000
. . .... .. ..........
14 CuesLa College
=mail Business Dev Ctr
8,000
0
0
0
Notes on Other Sources
jli/L/cdbg/2002councilapprovodfunding
. .......... .... .. ... .... .... ........
j:.. ...... .......
.... ... .......... T?escr3 fan
2
Due to project savings on the Camegie Library seism ic/ADA improvement project, $94,500 is remaining in
Section 108 loan proceeds. It is recommended this balance be transferred to activity # 2.
7
Because we are at our maximum of 15% for public services, it is recommended that d-:tis activity be funded
from the balance in the Park Hotel loan repayment fund. This fund, originally funded with a State CDBG
grant, currently has a balance of $80,000 and can be used for public services.
8,9
If the City is able to exceed the 15% Public Services cap, HRC recommends funding these activities
10
at the requested level, with the additional funding coming from activity #12.
12
See note 8/9/10. It is recommended that $107,300 in unused Program Administration funding be transferred
to this activity.
jli/L/cdbg/2002councilapprovodfunding
01
0
� 11:
Resolution No. 9292
CITY OF SAN LUIS OBISPO
2002 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Approved at the February 19, 2002 City Council Meeting
CDBG Program Amendments ($)
-- _-
Acavity
. _
Grantee
Original Allocation
Proposed Allocation
1998 SECTION 108 LOAN
Rehabilitate Historic
City of SLO
650,000
555,500
Museum
Accessibility
City of SLO
0 (new activity)
94,500
Improvements,
Judson Terrace Lodge
(2002)
1999 PROGRAM YEAR
Program
City of SLO
91,312
8,795
Administration
Huasna/Oceanaire
City of SLO
0 (new activity)
82,517
Neighborhood
Improvements
2000 PROGRAM YEAR
Program
City of SLO
91,376
66,593
Administration
Huasna/Oceanaire
City of SLO
0 (new activity)
24,783
Neighborhood
Improvements
1VUcdbg/2002prgrmamend
Administration
I. City of Arroyo Grande $ 0 $ 0
CITY OF ATASCADERO - $242,266
Housine
L EOC Home Repair Program S 25,000 $ 0
Public Services
I.
OITY GRANDE
Resolution No. 9292
$
OF ARROYO
Funds
- S149,L
Funding
�x}}��ibit C
Iatal F'undmg
Applicant
Proiect
Requested
Recommendation Recommendations
Housine
2.
EOC
Senior Health
$
4,000
S
I. EOC
Home Repair Program
S
25.000
$
10,000
S 10,000
Public Services
3.
EOC
Teen Academic
$
3,600
S
I. EOC
Pony Wonderful Program
$
2,000
$
1.500
Operating Expenses
Big Brothers/
Mentor Program
$
18,551.25
S
2. EOC
Senior Health
$
4.000
$
3,500
Screening Program
Literacy Council
Literacy Program
$
2,500
S
3. EOC
Teen Academic
$
3.600
$
3.100
$
0
Parenting Program
Foundation
Therapy Center
4. Literacy Council
Literacy Program
$
2,500
$
2.000
$
5. Big Brothers/
Mentor Program
$
8,730
$
2.000
Sisters
8.
HHP
Emergency Shelter
$
48,000
5
6. UCP of SLO Co
Supportive Childcare
S
3,000
S
2,500
S
2,000
for Dev. Disabled
for Dev. Disabled
7. Harvest Bag
Freezer unit
$
26,000
$
8,000
S 22,600
Public Facilities
Software
1. Food Bank
Property Acquisition
$
11,000
$
11,000
$
Coalition
Youth Scholarships
2. City of A.G.
Small Business
$
100,000
$
0
Assistance Prog.
3. City of A.G.
Handicap Access. City Hail
$
130,000
S
95,000
S 106,000
Economic Development
1. Cuesta
C.C. Small Business
$
5.000
S
3,000
College
Development Center
S 3,000
Code Enforcement
1. City of A.G.
Code Enforcement
$
15,000
$
10,000
Officer
5 10,000
Administration
I. City of Arroyo Grande $ 0 $ 0
CITY OF ATASCADERO - $242,266
Housine
L EOC Home Repair Program S 25,000 $ 0
Public Services
I.
EOC
Forty Wonderful Program
$
2,000
$
2,000
Operating Expenses
2.
EOC
Senior Health
$
4,000
S
4,000
Screening Program
3.
EOC
Teen Academic
$
3,600
S
3,500
Parenting Program
4.
Big Brothers/
Mentor Program
$
18,551.25
S
0
Sisters
5.
Literacy Council
Literacy Program
$
2,500
S
2,500
6.
Life Steps
Physical /Occupational
$
16,708
$
0
Foundation
Therapy Center
7.
ECHO
Case mgmt. and
$
11.820
$
14.820
Motel vouchers
8.
HHP
Emergency Shelter
$
48,000
5
0
9.
UCP of SLO Co
Supportive Childcare
$
2,000
S
2,000
for Dev. Disabled
10.
City of Atasc.
Purchase computer
$
25,000
S
22,000
Software
11.
City of Atasc.
Community Services
S
6,500
$
7,500
Youth Scholarships
S 0
Total $ 151,600*
5 0
$ 58,320
•. uuuyr aaunma '
I. No. Co. KitchenRemod
Women's ShelterD
1
$
6,000
S
6,00"
Resolution
N0. 9292
Exhibit
C
2. ECHO
Hom ,ss Day
S
60,000
$
0
Center
3. Atasc. Loaves
New Roof
S
11.260
S
11,260
& Fishes
4. City of Atasc.
Elevator - Youth Center
S
65,000
$
0
5. City of Atasc.
Infrastructure Improv.. in
S
55.233
$
55,233
Low and Mod areas
S
72,493
Economic Development
I. Cuesta
C.C. Small Business
$
3.000
$
3,000
College
Development Center
$
3,000
Planning and Implementation Studies
I. HHP
Feasibility Study for
S
5.500
S
0
No. Co. Homeless Shelter
S
0
Code Enforcement
I. City of Atasc
Code Enforcement
S
60.000
S
60,000
S
60,000
Administration
1. City of Atascadero
$
48,453
$
48.453
S
48,453
Total S
242,266
CITY OF GROVER BEACH - S182,726
l- EOC
Home Repair Program
S
25.000
$
25,000
S
25,000
Public Services
I. EOC
Forty Wonderful Program
S
2,000
$
2,000
Operating Expenses
2. EOC
Senior Health
S
4.000
S
4,000
Screening Program
3. EOC
Teen Academic
S
3,600
$
3,600
Parenting Program
4. Literacy Council
Literacy Program
$
1500
$
2,500
5. Big Brothers/
Mentor Program
$
8.730
S
8,730
Sisters
6. UCP of SLO Co
Supportive Childcare
S
2,000
S
2,000
for Dev. Disabled
7. Exploration
Scholarships/translation
S
12,325
S
12,325
Station
computers /admin
S
35;155
Public Facilities
8. City of Grover
Installation of Ramps for
S
83.026
$
83.026
Beach
Disabled
S
83,026
Economic Development
1. Cuesta
C.C. Small Business
S
3,000
S
3,000
College
Development Center
$
3,000
Administration
I. City of Grover Beach
$
36.545
$
36,545
S
36,545
Total S 182,726
CITY OF PASO ROBLES - S291,555
Housing
I. EOC Home Repair Program S 25.000 S 0 S 0
Public Services
I. EOC Forty Wonderful Program S 2.000 S 2,000
Operating Expenses
2. EOC Senior Health $ 4,000 $ 4,000
Screening Program
3.
EOC
Teen Academic
$
3,600
S
3,600
Paren ^ °¢ Program
PSHHC
Site Acquisition
S
350.000
$
4.
Literacy Council
Litek'rogram
S
2,500
$
2,5
Resolution NO
5.
Big Brothers/
Mentor Program
S
19.642.50
S
0
Exhibit C
Sisters
3.
AIDS Support
6.
UCP of SLO Co
Supportive Childcare
S
4,000
$
4,000
Supported Living
S
100,000
for Dev. Disabled
0 S 373,500
Public Services
7.
HHP
Emergency Shelter
$
48,000
S
24,000
S
S.
Lifestyles
Equipment for
$
6,800
S
6,800
2.
Recovery
Hot Line
$
50,000
$
0
$ 36,900
Public Facilities
Operating Expenses
3.
1.
City of Paso .
Carnegie Library
$
38,850
$
38,850
Big Brothers/
Mentor Program
Robles
ADA Rehab
S
' 0
Sisters
2.
City of Paso
28' Street
$
131,000
$
20,610
Robles
Improvements
3.
City of Paso
Downtown Street
S
62,500
S
0
Robles
Lights - Phase II
4.
City of Paso
Downtown Alley
$
46,400
S
46,400
Robles
Rehabilitation
5.
City of Paso
Rehab. Pool Changing
$
100,000
S.
66,050
Robles
Room
6.
City of Paso
Downtown Street
$
14.600
$
14,600
Robles
Lights
7.
City of Paso
LED - Lighted
$
72,000
$
0
Robles
Crosswalks
8.
Boys/Girls Club
Project Soft Costs for
$
100.000
S
50,000
of No. County
New Community Center
9.
Food Bank
Property Acquisition
S
28.000
$
0
Coalition
10.
City of Paso
Trash Cans for
S
16,000
$
0
Robles
Downtown Streets
IL
Food Bank
Property Acquisition
S
28,000
S
0
S 236,510
Economic Development
12.
Cuesta
C.C. Small Business
$
5,000
$
0
College
Development Center
S 0
Planning
and Implementation Studies
I.
HHP
Feasibility Study for
$
5,500
$
0
No. Co. Homeless Shelter
2.
City of Paso
Capacity Building
S
28,300
$
0
Robles
Program
S 0
Administration
1.
City of Paso Robles
$
70,800
$
70,800
5 70,800
Total S 354,210* **
9292
CITY OF SAN LUIS OBISPO - $9319336
Housing
I.
PSHHC
Site Acquisition
S
350.000
$
350,000
So. Higuera St. Apts.
2.
Judson Terrace
Accessibility
$
108,000
$
13,500
Improvements
3.
AIDS Support
Energy Improvements
S
10,000
$
10,000
4.
Sojourn Services
Supported Living
S
100,000
S
0 S 373,500
Public Services
I.
EOC
Homeless Shelter
$
138,000
S
138.000
Operating Expenses
2.
EOC
Prado Day Center
$
50,000
$
0
Operating Expenses
3.
Literacy Council
Literacy Program
$
10,000
$
0
4.
Big Brothers/
Mentor Program
S
33,828.75
S
' 0
Sisters
9292
J .,wv
a
v
for Dev. Disabled
�\
Public Facilities
S 138.000
I. City of S.L.O.
ADA Sidewalk Impr
2. Citv of S.L.O.
Huasna/Oceanaire
Economic Development
$
I. Cuesta
C.C. Small Business
College
Development Center
Section 108 Loan Repayment
I. City of S.L.O.
Loan Repayment
$
(Housing)
2. Cin• of S.L.O.
Loan Repayment
L'
J .,wv
a
v
^
(�Jl
S 138.000
Resolution No. 9292
$ 150.000
$
80,000
Exhibit C
$ 140.000
S
32.700
S 112.700
$ 8.000
$
0
S 0
S 213.500 $ 213.500
$ 108.500 $ 108,500
( tbrary) S 322,000
Administration
I. City of San Luis Obispo $ 0 $ 0 S 0
Total S 946,200"
' - Due to the late announcement of the Urban County's allocation of funds by the federal Dept. of Housing and Urban Development. some
jurisdictions based their funding recommendations on last years allocation figures. Expect some funding recommendations to change.
" - City of Paso Robles allocation includes $58.000 in program income
December 3 1, 2001 Whousing &Economic Dev \tony\'02Needs \3recs\vicll.wpd
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Recording requested by
and when recorded mail to:
City Clerk
990 Palm Street
San Luis Obispo, CA 93401
i3
RESOLUTION NO. 9291 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT DESERET PLACE, WEST OF CASA STREET,
IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES
AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF SPECIFIC
EASEMENTS AND OTHER PRESCRIBED CONDITIONS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. In accordance with the public hearing duly held on February 19, 2002,
pursuant to Section 8300 et seq. of the California Streets and Highways Code and a finding of
General Plan consistency, that this Council finds and determines that Deseret Place, west of Casa
Street, as described and shown on the map marked "Exhibit A ", attached hereto and incorporated
herein, is not necessary for present or future public street purposes.
SECTION 2. The City has fee title to the subject right of way being abandoned. The City
Council has determined that this subject parcel of right of way is surplus property, pursuant to
the City Charter (Section 906), the California Government Code (Sections 54222 and 65402) and
procedures of the City's Property Management Manual. The City Council also determined that
the abandoned right of way should be conveyed only to the adjacent property owner(s), due to its
size, shape and location, subject to acceptable compensation. The compensation has been
established to be the payment of $65,000 to the Housing Authority of San Luis Obispo, as partial
compensation for the loss of three (3) residences to accomplish the ultimate expansion of the
Sierra Vista Hospital complex.
SECTION 3. This Council hereby orders the abandonment of said right -of -way subject to:
A. Reservation of easements for public utilities, as follows:
"Reserving, however, to Pacific Gas and Electric Company, Pacific Bell and
Charter Communications, the right from time to time to install, maintain, repair,
operate, replace, remove and renew lines of wires, poles and other structures,
equipment and fixtures both above and underground for the operation of said facilities
in said public way."
R 9291
Resolution No. 9291 (2002 Series)
Page 2
The final alignment and configuration of this easement is subject to modification
to accommodate a proposed new driveway, to the satisfaction of the respective utility
companies and the Public Works Director. The Public Works Director is hereby
authorized to make any necessary adjustments on "Exhibit A" to accommodate this
change.
B. The applicant shall pay sixty -five thousand dollars ($65,000) to the Housing Authority of
San Luis Obispo to compensate for the value of the right of way. This payment is partial
compensation for the loss of three (3) residences to be demolished, as part of proposed
expansion of the Sierra Vista Hospital complex.
C. A lot line adjustment or lot merger shall occur prior to recordation of a final
abandonment resolution to eliminate any landlocked parcels, to the satisfaction of the
Public Works Director and Community Development Director. If a lot line adjustment or
lot merger is not possible, an access easement may be considered, to the satisfaction of
the Public Works.
D. The public water main in Deseret Place shall become a private main, along with any fire
hydrants. An appropriate backflow devise, valves or other necessary appurtenances shall
be installed to City and State standards and any existing water services and meters within
Deseret Place must be relocated to the Casa Street frontage, to the satisfaction of the
Public Works Director and Utilities Director.
E. The storm drain easement (between Deseret Place and Stenner Creek) shall be
quitclaimed by the City. The storm drain system shall become the responsibility of the
property owner.
F. Street lighting within the abandoned street shall be private and the property owner must
make provisions to assume the energy costs from Pacific Gas and Electric Company.
G. The existing parking and driveway easement and agreement between the existing medical
office building on Casa Street, Sierra Vista Hospital and the proposed new parcels must
be reviewed by City staff to evaluate necessary revisions necessary as a result of this
abandonment.
H. Modifications to existing frontage improvements shall be required along Casa Street. A
"street- type" entrance is acceptable, particularly if the driveway is to remain the
"emergency entrance "; otherwise, a driveway ramp or "alley- type" entrance, sidewalk
and curb ramps may be installed, to the satisfaction of the Public Works Director.
The public waterline within the Deseret Place RIW shall be abandoned at the mainline in
Casa Street, to the satisfaction of the Utilities Director.
C) 0
Resolution No. 9291 (2002 Series)
Page 3
J. The applicant is required to submit an alternative emergency vehicle access plan to the
K. Fire Department for approval, prior to removal of the driveway and/or the effectiveness
and recordation of this resolution, since the fire department and ambulance vehicles
currently use Deseret Place as the primary access to the hospital emergency room.
L. The existing fire hydrant at the end of Deseret Place shall be relocated to a location as
approved by the Fire and Utilities Departments.
M. Recordation of a 20 ft. wide (minimum) common driveway easement agreement which
provides for common driveway access in perpetuity to existing parcels (currently served
by the Deseret Place right of way) and proposed parcels, to the satisfaction of the
Community Development Director.
N. Item C must be met within one (1) year of this date. Otherwise, this resolution will
expire and be null and void.
SECTION 4. Upon notification from the Director of Public Works to the City Clerk that the
conditions prescribed in Section 3 have been met, the City Clerk shall cause a certified copy of
this Resolution of Abandonment, duly attested under the seal of the City, to be recorded in the
Office of the San Luis Obispo County Recorder.
On motion of Council Member Ewan, seconded by Vice Mayor Marx, and on the following
roll call vote:
AYES: Council Members Ewan, Schwartz, Vice Mayor Marx, and Mayor Settle
NOES: Council Member Mulholland
ABSENT: None
The foregoing Resolution was adopted this 19`h day of February
i
MAYOR Allen K. Settle
CITY CLERK.: Lee Price
0 0
Resolution No. 9291 (2002 Series)
Page 4
APPROVED AS TO FORM:
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Resolution N0. 929
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DESERET PLACE ABANDONMENT
LEGAL DESCRIPTION
All of Deseret Place, as per that certain
quitclaim deed, recorded per Document
No. 1844 on January 22, 1971 in Volume
1602 at Page 718 of Official Records,
in the office of the San Luis Obispo County
Recorder, State of California and as shown
on that certain Parcel Map recorded in Book
41 of Parcel maps at Page 1, in the office of
the said County Recorder.
A City O f
SAn WI S OBI SPO
Department of Community Development
990 Pelm Street /Post Office Box 321, San Luis Obispo, CA 93408
GATAMINT N15591
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"Exhibit A"
DESERET PLACE
ABANDONMENT
Feb. 19, 2002 JK
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DESERET PLACE ABANDONMENT
LEGAL DESCRIPTION
All of Deseret Place, as per that certain
quitclaim deed, recorded per Document
No. 1844 on January 22, 1971 in Volume
1602 at Page 718 of Official Records,
in the office of the San Luis Obispo County
Recorder, State of California and as shown
on that certain Parcel Map recorded in Book
41 of Parcel maps at Page 1, in the office of
the said County Recorder.
A City O f
SAn WI S OBI SPO
Department of Community Development
990 Pelm Street /Post Office Box 321, San Luis Obispo, CA 93408
GATAMINT N15591
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"Exhibit A"
DESERET PLACE
ABANDONMENT
Feb. 19, 2002 JK
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RESOLUTION NO. 9290 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ENDORSING PROPOSITION 40, THE CLEAN WATER, CLEAN AIR, SAFE
NEIGHBORHOOD PARKS, AND COASTAL PROTECTION BOND ACT
WHEREAS, California's state, regional, and local parks serve as recreational, social and
cultural centers for California's communities, providing important venues for youth enrichment
and safety; community identity; protection of natural, cultural and historic sites, parkland and
open space and tourism, and
WHEREAS, in order to maintain a high quality of life for California's growing
population, a continuing investment in parks, recreation facilities, and the protection of the
state's natural, cultural and historic resources is needed, and
WHEREAS, each generation of Californians has an obligation to be good stewards of
these natural and community resources in order to pass them onto their children, and
WHEREAS, California's citizens and visitors have increased their visits to state and
local parks for healing and strength, sense of community, freedom and peace during these
turbulent times, and
WHEREAS, California is known for its incredible natural resources of open space,
parks, mountains, rivers, coastline, and forests that positively impact the state and local economy,
and
WHEREAS, California is largely an urban state where it is projected the state's
population will continue to grow by 18 million by 2020; thereby placing more pressure on
existing parkland and facilities; and
WHEREAS, California's economy is dependent upon maintaining a high quality of life
that includes attractive and safe public park and recreation facilities and services, and
WHEREAS, Proposition 40, the Clean Water, Clean Air, Safe Neighborhoods Parks; and
Coastal Protection Bond Act of 2002, provides $2.6 billion for state and local park projects to
preserve California's natural heritage and.allow urban areas to expand much needed recreation
facilities that serve children, youth, seniors, and families.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the City hereby endorses Proposition 40, the Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Bond Act of 2002, and encourages California voters
to approve this bond act on March 5, 2002.
Upon motion of Council Member Ewan, seconded by Council Member Schwartz,
and on the following roll call vote:
:' '1
O O
Resolution No. 9290 (2002 Series)
Page Two
AYES: Council Member Ewan, Mulholland, Schwartz, Vice Mayor Marx, and.
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19`h day
APPROVED AS TO FORM:
G. fbrggXj' n, 9fty Attorney
0
RESOLUTION NO. 9289 (2002 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE
OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 19 2000 - JUNE 309 2004
BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby
resolves as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the San Luis Obispo City Police Officers' Association (POA), attached hereto as Exhibit "A"
and incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Dale Strobridge, San Luis Obispo
Police Officers' Association, and Ann Slate, Director of Human Resources.
Upon motion of Council Member Schwartz, seconded by Vice Mayor Schwartz, and-on
the following roll call vote:
NOES:
ABSENT:
The foregoing resolution was adopted this 19`s day of February 2002.
ATTEST:
I.ee Price, City Clerk
APPROVED AS TO FORM:
F4
. ,✓' 0/ Attorney ,
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Exhibit A
Resolution No. 9289
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
POLICE OFFICERS' ASSOCIATION
JULY 1, 2000 - JUNE 30, 2004
� ' san Luis oaIspo
•
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Exhibit A
Resolution No. 9289
TABLE OF CONTENTS
Article No.
Title Pace No.
1
Preamble ................................ ...............................
1
2
Recognition ............................ ...............................
2
3
Check Off /Dues Deduction ....... ...............................
3
4
Employee Rights ..................... ...............................
4
5
Management Rights ................. ...............................
5
6
Representative Role ................. ...............................
6
7
Salary .................................... ............................... 7
8
Master Police Officer Program ...............................
13
9
Reclassification /Communications Supervisor............
15
10
Bilingual Pay ......................... ...............................
16
11
Overtime - Sworn .................. ...............................
17
12
Overtime — Non -Sworn .......... ...............................
19
13
Work Out -Of -Grade ............... ...............................
21
14
Standby ............................... ...............................
22
15
Education, Incentive ............... ...............................
23
16
Uniform Allowance ................ ...............................
25
17
Health Care Insurance ............ ...............................
26
18
Retirement ................................................ a.........
30
19
Seniority .............................. ...............................
31
20
Holidays ............................... ...............................
32
21
vacation .............................. ...............................
34
22
Sick Leave ............................ ...............................
35
23
Family Leave ........................ ...............................
36
24
Bereavement Leave ............... ...............................
38
25
Catastrophic Leave ................ ...............................
39
26
Workers' Compensation Leave .. .............................41
27
Jury Duty and Military Leaves . ............................... 42
C� O
Exhibit A
Resolution No. 9289
Article No.
Title Page No.
28
General Provisions ................... .............................43
29
Residency Requirements ........ ...............................
44
30
Promotional Policy ................... .............................45
31
Definitions ............................ ...............................
50
32
Grievance Procedure .............. ...............................
51
33
Layoffs ................................ ...............................
53
34
Work Actions ........................ ...............................
55
35
Communication Process ........... .............................56
36
Notice to the Association ....... ...............................
57
37
Equipment ............................ ...............................
58
38
Light Duty ............................ ...............................
59
39
Work Schedules .................... ...............................
60
40
SWAT .................................. ...............................
62
41
Traumatic Incidents ............... ...............................
.63
42
No Discrimination .................. ...............................
64
43
Reopeners ............................ ............................... 65
44
Full Agreement ..................... ............................... 66
45
Savings Clause ..................... ............................... 67
46
Renegotiations ...................... ............................... 68
47
Term of Agreement ............... ...............................
69
Appendix "A" - Classification . ...............................
70
Appendix "B" — Grievance Forms ...........................
71
Appendix "C" — Patrol 3/12 Work Plan ...................
74
Appendix "D" — Communications Work Plan ...........
82
Appendix "E" — Flexible Benefits Plan .....................
88
Appendix "F" — Shift Adjustment ...........................
91
Appendix "G" — Rules Governing Salary Increases ...
93
o •
Exhibit A
Resolution No. 9289
ARTICLE 1
PREAMBLE
1.1 This Agreement is effective and entered into this 1st day of July, 2000, by and between
the City of San Luis Obispo, hereinafter referred to as City, and the San Luis Obispo
Police Officers' Association.
1.2 The purpose of this Agreement is to promote the improvement of personnel management
and employer /employee relations, provide an equitable and peaceful procedure for the
resolution of differences and establish rates of pay and other terms and conditions of
employment.
1.3 The City and the Police Officers' Association agree that all employees of the City share in
the important responsibility of providing superior service to the public and that every job
and position is considered to be important.
1.4 Nothing in this Agreement between the parties shall invalidate or be substituted for any
provision in City Charter Section 1107 or Resolution No. 6620 (1989 Series) unless so
stipulated to by provision(s) contained herein and agreed to.
1
G O
Exhibit A
Resolution No. 9289
ARTICLE 2
RECOGNITION
The City hereby recognizes the San Luis Obispo Police Officers' Association as the bargaining
representative for purposes of representing regular and probationary employees, occupying the
position classifications set forth in Appendix A, in the Police Unit with respect to their
compensation, hours and other terms and conditions of employment for the duration of the
Agreement.
r
2
o �►
Exhibit A
Resolution No. 9289
ARTICLE 3
CHECK OFF/DUES DEDUCTION
3.1 The City shall deduct dues from City employees and remit said dues to the Association
treasurer, which dues shall not include assessments.
3.2 Dues deduction, additions, and/or deletions shall be recorded by the City's Finance
Officer and a notification of all dues transactions shall be sent monthly to the Association
President.
3.3 The Association shall hold the City harmless from any and all claims, and will indemnify
it against any unusual costs in implementing these provisions.
3
Exhibit A
Resolution No. 9289
ARTICLE 4
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all matters of
employer - employee relations including, but not limited to, wages, hours and other terms and
conditions of employment. Employees of the City also shall have the right to refuse to join or
participate in the activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee shall be
interfered with, intimidated, restrained, coerced or discriminated against because of the exercise
of these rights.
E
4
a
M
ARTICLE 5
MANAGEMENT RIGHTS
0
Exhibit A
Resolution No. 9289
The rights of the City include, but are not limited to, the exclusive right to determine the mission
of its constituent departments, commissions and boards; set standards of service; determine the
procedures and standards of selection for employment and promotion; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of government operations; determine the methods,
means and personnel by which government operations are to be conducted; determine the
content of the job classifications; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over. its organization and the
technology for performing its work.
The City's exercise of its rights under this section are subject to the provisions of City Charter
Section 1107_ and applicable State law.
5
O Exhibit A
Resolution No. 9289
ARTICLE 6
REPRESENTATIVE ROLE
Members of the Association may, by a reasonable method, select not more than three employee
members and one employee observer to meet and confer with the Municipal Employee Relations
Officer and other management officials (after written certification of such selection is provided
by the Association) on subjects within the scope of representation during regular duty or work
hours without loss of compensation or other benefits. The Association shall, whenever
practicable, submit the name(s) of each employee representative to the Municipal Employee
Relations Officer at least two working days in advance of such meetings.
Provided further.
(A) That no employee representative shall leave his or her duty or work station or
assignment without specific approval of the Police Chief or other authorized City
management official. If employee representatives cannot be released, date of
meeting will be rescheduled in accordance with item (B) below. That any such
meeting is subject to scheduling by City management consistent with operating
needs and work schedules. Nothing provided herein, however, shall limit or
restrict City management from scheduling such meetings before or after regular
duty or work hours.
(B) Association members will donate a total of 250 hours per year (inclusive of any
carryover time) of vacation time, holiday time, and compensatory time off to an
Association "time bank" under the following guidelines:
1. Only Association officers or bargaining team members may draw from the
bank.
2. Requests to use time from the bank must be made reasonably in advance
of the use. Approval is subject to the operational necessity of the
department and normal time off approval processes.
3. Within 120 days, the parties will establish the administrative details of this
program through amutually agreed upon side letter.
2
0
ARTICLE 7
SALARY
7.1 Rules. Governing Step Increases
•
Exhibit A
Resolution No. 9289
The rules governing step increases for employees covered by this MOA are included in
the current Salary Resolution (4272 [1980 Series], incorporated herein as Appendix G)
with the following modifications:
A. Advancement to the second and third steps in the salary range shall be at twelve-
month intervals.
B. The Police Chief shall be authorized to reevaluate employees who reach top step
in their pay range. An employee who is not performing up to standard for the top
step shall be notified in writing that the Police Chief intends to reduce him one
step unless his job performance improves significantly within a 60-day period.
Unless the employee's job performance improves to an acceptable level by the
end of 60 days, the pay reduction shall then become effective. The top step may
be reinstated at any time upon recommendation of the Police Chief. If the Police
Chief deems it necessary to again remove the top step during the same fiscal year,
he may make the change at any time with three business days' advanced written
notice.
Effective the first full payroll period in January 2002, the salary range for Police Officer
consists of seven steps (1 through 7). Steps 1 through 6 equal 95% of the next highest
step, computed to the nearest $1.00 The salary range for Communications Technician,
Evidence Technician, Field Services Technician and Police Cadet consists of five steps (1
through 5).
Each across- the - board % salary increase shall raise each step of the range by the %.
Step 5 of each successive salary range will be 2.63 % above step 5 of the next lower
range. After all steps of each salary range have -been established, each shall be rounded
off to the nearest $1.00. Employees who are eligible for advancement to top step must
receive a "Meets Performance Standards" or better on the overall rating on their most
7
o
Exhibit A
Resolution No. 9289
recent Performance Appraisal prior to or coincident with their being eligible for
advancement by time in grade.
Employees who are eligible for advancement to step 4 or 5 must receive a "Meets
Performance Standards" or better on the overall rating on their most recent Performance
Appraisal prior to or coincident with their being eligible for advancement by time in
grade.
Effective the first full payroll period in January 2002, employees occupying steps 1 or 2
of the December 2001 salary range shall be advanced to the new step 1 (December salary
range, old step 3). Employees occupying steps 3 through 7 in the December salary range
shall each advance 1 step in the new range. Subsequent increases will occur on the
employee's anniversary date or based on meeting Master Police Officer requirements for
steps 6 and 7.
. .. Effective the first full payroll period in January 2002, Communication Technicians
occupying Step 1 of the December 2001 salary range shall be advanced to the new
Step 1.
7.2 Salary Increases for Term of AUeement
Salary increases will be paid on the first day of the first full pay period following the
dates listed below:
Sworn
Non -Sworn
July 2000
5.0%
5.0%
July 2001
3.0%
3.0%
January 2002
2.0%
2.0%
July 2002
3.0%
3.0 %(.5 %for FST)
January 2003
2.0%
2.0%
July 2003
2.0%
5.0%
January, 2004
2.0%
The Field Service Technician job descriptions shall be modified to eliminate the
requirement of emergency medical dispatch certification and dispatch relief.
8
0
7.3 Salary Ranee Listing - July 2000 through June 2004
E
Exhibit A
Resolution No. 9289
July 2000
5% Increase
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8 Step 9
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly / Monthly/
Range
Title
BI-Weekly
81- Weekly
BI- Weekly
Bi -Weekly
BI- Weekly
Bi -Weekly
Bi- Weekly
Bi- Weekly 81- Weekly
705
Police Cadet
2,717
2,860
3,011
3,169
3,336
3,512
3,696
1,254
1,320
1,390
1,463
1,540
1,621
1,706
707
Field Service
2,937
3,092
3,254
3,425
3,606
3,796
3,995
Technician
1,356
1,427
1,502
1,581
1,664
1,752
1,844
708
Communications
2,937
3,092
3,254
3,425
3,606
3,796
3,995
Technician I
1,356
1,427
1,502
1,581
1,664
1,752
1,844
720
Evidence
3,910
4,116
4,332
4,561
4,801
5,053
5,319
Technician
1,805
1,900
2,000
2,105
2,216
2,332
2,455
750
Police Officer
3,660
3,852
4,055
4,268
4,493
4,730
4,978
5,241 5,516
1,689
1,778
1,872
1,970
2,074
2,183
2,298
2,419 2,546
July
2001
3% Increase
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8 Step 9
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/ Monthly/
Range
Title
Bi -Weekly
BI-Weekly
Bi- Weekly
BI-Weekly
BI-Weekly
BI- Weekly
BI-Weekly
BI-Weekly Bi- Weekly
705
Police Cadet
2,798
2,946
3,101
3,264
3,436
3,616
3,807
1,292
1,360
1,431
1,506
1,586
1,669
1,757
707
Field Service
3,025
3,184
3,351
3,528
3,713
3,909
4,115
Technician
1,396.
1,469
1,547
1,628
1,714
1,804
1,899
708
Communications
3,025
3,184
3,351
3,528
3,713
3,909
4,115
Technician 1
1,396
1,469
1,547
1,628
'1,714
1,804
1,899
720
Evidence
4,028
4,240
4,463
4,698
4,945
5,206
5,480
Technician
1,859
1,957
2,060
2,168
2,282
21403
2,529
750
Ponce Officer
3,769
3,967
4,176
4,396
4,627
4,871
5,127
5,397 5,681
1,739
1,831
1,927
2,029
2,136
2,248
2,366
2,491 2,622
9
rm
January 2002 2% increase
m
Exhibit A
Resolution No. 9289
750 Police Officer 4,386 4,617 4,860 5,116 5,385 5,669 5,967
2,024 2,131 2,243 2,361 2,485 2,616 2,754
10
Step 1
Step 2
Step 3
Step 4
Step 5 Step 6
Step 7
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/ Monthly/
Monthly/
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
81-Weekly
Bi- Weekly BI- Weekly
Bi- Weekly
705
Ponce Cadet
3,162
3,329
3,504
3,689
3,883
1,460
1,536
. 1,617
1,702
1,792
707
Field Service
3,418
3,598
3,788
3,987
4,197
Technician
1,578
1,661
1,748
1,840
1,937
708
communications
3,418
3,598
3,788
3,987
4,197
Technician I
1,578
1,661
1,748
1,840
1,937
720
Evidence
4,553
4,793
5,045
5,311
5,590
Technician
2,101
2,212
2,328
2,451
2,580
750
Police officer
4,259
4,483
4,719
4,967
5,229 5,504
5,794
1,966
2,069
2,178
2,293
2,413 2,540
2,674
July 2002
.5% Increase for Field Service Technicians and
3% for all others
Step 1
Step 2
Step 3
Step 4
Step 5 Step 6
Step 7
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/ Monthly/
Monthly/
Range
Title
Bi- Weekly
Bi- Weekly
BI- Weekly
Bi- Weekly
Bl- Weekly Bi- Weekly
Bi- Weekly
705
Police Cadet
3,258
3,429
3,610
3,800
4,000
1,504
1,583
1,666
1,754
1,846
707
Field Service
3,436
3,617
3,807
4,008
4,219
Technician
1,586
1,669
1,757
1,850
1,947
708
Communications
3,521
3,706
3,901
4,106
4,323
Technician 1
1,625
1,710
1,800
1,895
1,995
720
Evidence
4,689
4;936
5196
5,469
5,757
Technician
2,164
2;278
2,398
2,524
2,657
750 Police Officer 4,386 4,617 4,860 5,116 5,385 5,669 5,967
2,024 2,131 2,243 2,361 2,485 2,616 2,754
10
G
0
Exhibit A
Resolution No. 9289
January 2003
2% Increase
Step 1 Step 2 Step Step 4 Step 5
Step 6 Step 7
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/ Monthly/
Range
Title
81-Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly Bi- Weekly
705
Police Cadet
3,323
3,498
3,682
3,876
4,080
1,534
1,614
1,699
1,789
1,883
707
Field Service
3,505
3,689
3,883
4,088
4,303
Technician
1,618
1,703
1,792
1,887
1,986
708
communications
3,591
3,780
3,979
4,189
4,409
Technician 1
1,658
1,745
1,837
1,933
2,035
720
Evidence
4,783
5,034
5,299
5,578
5,872
Technician
21207
2,323
2,446
2,575
2,710
750
Police Officer
4,474
4,709
4,957.
5,218
5,493
5,782 6,086
2,065
2,174
2,288
2,408
2,535
2,669 2,809
July
2003
2% Increase for Sworn and 5% Increase for Non-Sworn
Step 1 Step 2
Step 3
Step 4
Step 5
Step 6 Step 7
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/ Monthly/
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
BI- Weekly
Bi- Weekly
Bi- Weekly Bi- Weekly
705
Police cadet
3,489
3,673
3,866
4,069
4,284
1,610
1,695
1,784
1,878
1,977
707
Field Service
3,680
3,873
4,077
4,292
4,518
Technician
1,698
1,788
1,882
1,981
2,085
708
Communications
3,771
3,970
4,179
4,399
4,630
Technician 1
1,741
1,832
1,929
2,030
2,137
720
Evidence
5,023
5,287
5,565
5,858
6,166
Technician
2,318
2,440
2,569
2,704
2,846
750
Police Officer
4,563
4,803
5,056
5,322
5,602
.. 5,897 6,208
2,106
2,217
2,334
2,456
2,586
2,722 2,865
11
O
Exhibit A
Resolution No. 9289
January 2004
2% Increase for Swom
Step 1
Step 2
Step 3
Step 4
Step 5 Step 6 Step 7
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/ Monthly/ Monthly/
Range
Title
Bi- Weekly
BI- Weekly
Bi -Weekly
81-Weekly
BI-Weekly BI- Weekly BI- Weekly
705
Police cadet
3,489
3,673
3,866
4,069
4,284
1,610
1,695
1,784
1,878
1,977
707
Field Service
3,680
3,873
4,077
4,292
4,518
Technician
1,698
1,788
1,882
1,981
2,085
708
Communications
3,771
3,970
4,179
4,399
4,630
Technician 1
1,741
1,832
1,929
2,030.
2,137
720 Evidence 5,023 5,287 5,565 5,858 6,166
Technician 2,318 2,440 2,569 2,704 2,846
750 Police Officer 4,654 4,899 5,157 5,428 5,714 6,014 6,331
2,148 2,261 2,380 2,505 2,637 2,776 2,922
12
lil
Exhibit A
Resolution No. 9289
ARTICLE 8
MASTER POLICE OFFICER PROGRAM
8.1 The Master Police Officer Program shall be as follows:
The specialty assignments included in this program are:
Field Training Officer 3 years
S.O.R.T. 3 years
Traffic Officer 3 years
Investigator 4 years
DARE and SRO 3 years
Crime Scene Investigator 3 years
Range Master* 4 years
Downtown Officer 3 years
* Applicable for MPO Il only
Officers presently serving in specialty assignments shall have the option of serving out
the longer of the previous or new term with full credit for the assignment. Example:
S.O.R.T., previously a two -year term, may opt for a three year term. Traffic Officer,
previously a four year term, may opt for completing four years or rotating out of the
assignment at the completion of three years with full credit for the assignment.
8.2 To be eligible for compensation under this program, an employee must receive and
maintain at least a "Meets Performance Standards" rating on their evaluation.
8.3 Compensation under this program shall in no case exceed two steps on the salary range.
8.4 Master Police Officer I
Two full years at Step 5 of the salary range.
Must have obtained an Intermediate POST certificate.
Must have successfully completed two years in a specialty assignment.
Compensation: Police Officer Step 6..
13
O 3 Exhibit A
Resolution No. 9289
8.5 Master Police Officer H
Three full years at the Master Police Officer I level.
Must have obtained an advanced POST Certificate.
Must have successfully completed two years in two additional special assignments and
at least two years in a third specialty assignment.
Reassignment, with a break in service, to the same assignment will be credited as a
third assignment. To be credited for purposes of compensation, an officer shall be
required to complete the terms of any specialty assignment unless early departure for
good cause is/was authorized by the Chief of Police. Departure for any other reason
will forfeit MPO compensation at the time of departure.
Compensation: Police Officer Step 7.
Officers at the WO II level will be permitted to wear a two stripe insignia (otherwise
recognized as Corporal stripes) recognizing their status as determined by Department
uniform policy.
Any employee who has previously held a specialty assignment in S.O.R.T., but-did not
complete the stated time requirements as stated above (except for disciplinary removal),
will be credited with two years service in that specialty assignment.
14
O •
Exhibit A
Resolution No. 9289
ARTICLE 9
RECLASSIFICATION /COMMUNICATIONS SUPERVISOR
9.1 The City shall reclassify two Communications Technician positions to Communications
Supervisor positions.
9.2 Communications Supervisors shall be responsible for shift supervision, employee
performance evaluations including monthly counseling evaluations, scheduling, and
training issues including new hires and in- service training. They shall report directly to
the Communications Manager.
9.3 Communications Supervisors shall have a work schedule determined by the Department
that ensures appropriate coverage for all communications personnel.
9.4 Compensation for Communications Supervisors shall be established at two steps above
Step 6, Salary Range 708.
15
O ,J
Exhibit A
Resolution No. 9289
ARTICLE 10
BILINGUAL PAY
10.1 Employees certified as bilingual in Spanish through a testing process shall receive a
bilingual payment of $35 per pay period. Additional languages may be approved by the
City based upon demonstrated need. Regardless of certification, all employees shall use
any language skills they possess to the best of their ability.
16
. O •
Exhibit A
Resolution No. 9289
ARTICLE 11
OVERTIME - SWORN
11.1 DEFINITION
Overtime is defined as all hours worked in excess of 160 hours worked in the employee's
28 day work period. Vacation, holidays, sick leave, IOD, and compensatory time off
shall be considered hours worked when computing overtime.
11.2 ELIGIBILITY
All sworn employees covered by this Agreement shall be eligible for overtime pay.
11.3 COMPENSATION
A. Overtime hours 161 through 171 worked in the employee's 28 day work period
shall, at the employee's option, be compensated in cash at time and one half the
employee's regular rate of pay or in time off compensated at time and one half.
However, no employee shall accumulate and have current credit for more than 80
hours of compensatory time off.
B. Overtime earned in excess of the first 11 hours of overtime earned in the
employee's 28 day work period shall be compensated in cash at time and one half
the employee's regular rate of pay.
C. The Association and the City agree that CTO usage is subject to normal time off
approval processes and may be denied if it would result in the need for overtime
coverage (except when scheduled in conjunction with approved vacation during
the annual vacation sign -ups).
11.4 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work outside of the
employee's normal work hours, if a minimum applies as. found in this article, then the
employee has the choice of taking the minimum or taking the pay for the work actually
performed.
17
0
1
Exhibit A
Resolution No. 9289
11.5 CALLBACK
Effective the first full pay period upon ratification, employees called back to work at
hours not contiguous to their normally scheduled shift shall be guaranteed a three -hour
minimum payment at time and one half. Unanticipated emergency call-backs
( homicides, emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will
include a total 30 minutes for travel time.
11.6 COURT TMIE
A. Effective the first full pay period upon ratification, employees reporting for court
duty shall be guaranteed three hours minimum payment at time and one -half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked. Duty free lunch periods shall not be compensable, to
a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
11.7 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do, shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
11.8 TRAINING
Employees called back for training sessions, authorized by the Police Chief or Watch
Commander, shall be guaranteed two -hour minimum payment at straight time.
11.9 RANGE QUALIFICATION
A. Sworn personnel shall be guaranteed two hours at straight time when participating
in range qualification training when off duty.
B. Each sworn employee who shoots for qualification shall be provided 100 rounds
of practice ammunition each month.
18
o •
Exhibit A
Resolution No. 9289
ARTICLE 12
OVERT%ffi - NON -SWORN
12.1 DEFINITION
Overtime is defined as all hours worked in excess of 40 hours worked in a workweek.
Vacation, holidays, sick leave, IOD and compensatory time off shall be considered hours
worked when computing overtime.
12.2 ELIGIBILITY
All non -sworn employees covered by this Agreement shall be eligible for overtime pay.
12.3 COMPENSATION
Overtime shall be compensated in cash at time and one half the employee's regular rate of
pay or in time off compensated at time and one half.
12.4 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work outside of the
employee's normal work hours, if a minimum applies as found in this article, then the
employee has the choice of taking the minimum or taking the pay for the work actually
performed.
12.5 CALL BACK
Effective the first full pay period upon ratification, employees called back to work at
hours not contiguous to their normally scheduled shift shall be guaranteed a three -hour
minimum payment at time and one half. Unanticipated emergency call -backs
(homicides, emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will
include a total 30 minutes for travel time.
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Exhibit A
Resolution No. 9289
12.6 COURT TMIE
A. Effective the first full pay period upon ratification, employees reporting for court
duty shall be guaranteed three hours minimum payment at time and one -half
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked. Duty free lunch periods shall not be compensable, to
a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
12.7 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do, shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
12.8 TRAINING
Employees called back for training sessions, authorized by the Police Chief or Watch
Commander, shall be guaranteed two -hour minimum payment at straight time.
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ARTICLE 13
WORK OUT -OF -GRADE
0
Exhibit A
Resolution No. 9289
Employees temporarily assigned to work in a higher classification shall receive one step (5.26 %)
additional pay but in no case more than the top step for the higher classification under the
following conditions:
A. The assignment exceeds ten consecutive workdays, or eighty consecutive work
hours, in which case the step increase becomes effective on the first workday.
B. The person being temporarily replaced is on extended sick or disability leave or
the position is vacant and an examination is pending.
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ARTICLE 14
STANDBY
Exhibit A
Resolution No. 9289
14.1 DEFINITION
Standby is that circumstance which requires an employee assigned by the department to:
1) be ready to respond immediately to a call for service; 2) be readily available at all
hours by telephone or other agreed upon communication equipment; and 3) refrain from
activities which might impair his/her assigned duties upon call.
The parties agree that employees on standby, as defined above, are "waiting to be
engaged." The parties further agree there is no intent to waive any individual rights
under FLSA.
14.2 COMPENSATION
Non-investigator
A. Personnel placed on standby shall be compensated one - hour's pay for each five
hours standby.
B. Such employees shall be paid a minimum of three hours straight time when on
standby. Each calendar day starts a new standby period.
Investigator
A. Investigators placed on standby shall be compensated $30 per day Monday
through Friday, and $35 per day for other days of standby.
B. Standby shall be rotated among the assigned investigators. Normally, the standby
assignment shall be for a period of one week.
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Exhibit A
Resolution No. 9289
ARTICLE 15
EDUCATION INCENTIVE
The educational incentive pay plan shall continue as described below for non -sworn personnel
for the term of this agreement.
A. . BASIC BENEFITS. Education incentive pay shall not begin until one year after
employment with the City of San Luis Obispo, but credit will be given for approved
education obtained prior to that time. The basic benefit for employees employed prior to
July 1, 1981, will consist of one -half step above the base salary for possession of an A.A.
or equivalent degree from an accredited community or junior college, or 60 or more
semester units, or a City - approved equivalent; one full step for a B.A. or equivalent
degree from an accredited college or university.
B. JOB RELATED FIELDS. Degrees must be either in directly job related fields or include
at least 30 semester, or City - approved equivalent, units of job related coursework in the
case of an A.A. degree and at least 60 semester, or City - approved equivalent, units in the
case of a B.A. Should an employee qualify for the one -half step basic benefit by having
completed 60 or more semester units or City - approved equivalent, at least 30 of those
units must be in job related coursework. All qualifying coursework must be graded at
"C" or Pass or better.
C. APPLICATION AND APPROVAL. Application for the incentive pay shall be made by
the employee to the Chief of Police at least 30 days before the date the payment, of the
incentive pay is to be effective. Approval of the Chief of Police and the Director of
Human Resources shall be required.
D. UNSATISFACTORY PERFORMANCE. In the event an employee receiving the
incentive pay is not performing up to the established standards set for the job, the .Chief
of Police, with the concurrence of the City Administrative Officer, may suspend payment
of the incentive pay or Step E of the salary range, but not both, until such time as the
23
C 1Y
Exhibit A
Resolution No. 9289
employee's performance comes up to the standard level, in the opinion of the Chief of
Police and in concurrence of the City Administrative Officer.
E. NON - APPLICABILITY. Educational incentives shall not be paid for education received
on City time. The education incentive will be removed if the employee is promoted to a
position that does not entitle employees to such incentives.
F. NEW EMPLOYEES. The basic benefit for employees hired on or after July 1, 1981,
shall be a five percent step increase for a period of one fiscal year if during the previous
fiscal year the employee has successfully completed —i.e„ grades of "C" or better in all
courses — a minimum of nine semester units of college level classroom work, or City-
approved equivalent, approved by the Chief of Police, provided that this benefit shall be
payable only for classroom work done after completion of the probationary period.
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ARTICLE 16
UNIFORM ALLOWANCE
Exhibit A
Resolution No. 9289
16.1 Each employee required to wear a uniform shall receive an annual uniform allowance as
provided below and is expected to purchase and maintain in good repair all required
uniform pieces.
16.2 The uniform allowance shall be:
1 July, 2000.... $800.00
1 July, 2002.... $850.00
1 July, 2003.... $900.00
This shall be issued to the employee with the first payroll check each July.
16.3 If an employee is off duty for more than three pay periods, the following July's allowance
should be reduced by the appropriate prorated amount.
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ARTICLE 17
HEALTH CARE INSURANCE
N
Exhibit A
Resolution No. 9289
17.1 CONTRIBUTION
City shall contribute $415.00 per month for Cafeteria Plan benefits for each regular, full
time employee covered by this agreement. Less than full -time employees shall receive a
prorated share of the City's contribution.
Effective March 1, 2002, the City's contribution shall be modified and increased as
follows:
Employee $290.00
Employees Plus One $540.00
Family $690.00
Employees shall be eligible for the City contributions set forth above based on the
number of dependents they enroll in the PERS Health Benefit Program. Employees
opting out of health coverage as provided for below, shall also receive payment at the
employee only level.
Effective in January 2003 and 2004, the City's contribution shall be changed by an
amount equal to the average increase change for health coverage in the PERS HMOs
available in San Luis Obispo County by category (i.e.. Employee, Employee Plus One and
Family). Should fewer than three PERS HMO's be available in San Luis Obispo County,
the City and Association agree to meet and confer on modification to the formula for the
contribution adjustment for January 2003 -04.
17.2 INSURANCE COVERAGE
A. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program with the
"unequal contribution option" at the PERS minimum contribution rate, currently
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Exhibit A
Resolution No. 9289
$16.00 per month for active employees and $1.00 per month for retirees. The
City's contribution toward retirees shall be increased by 5% per year of the City's
contribution for the active employees until such time as the contributions for
employees and retirees are equal. The City's contribution will come out of that
amount the City currently contributes to employees as part of the Cafeteria Plan.
The cost of the City's participation in PERS will not require the City to expend
additional funds toward health insurance beyond what is already provided. In
summary, this cost and any increases will be borne by the employees.
B. Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to
participate in the PERS Health Benefit Program and may receive the unused
portion of the City's contribution (after dental and vision insurance is deducted) in
cash in accordance with the City's Cafeteria Plan. Those employees will also be
assessed $16.00 per month to be placed in the Retiree Health Insurance Account.
This account will be used to fund the City's contribution toward retiree premiums
and the City's costs for the Public Employee's Contingency Reserve Fund and the
Administrative Costs. However, there is no requirement that these funds be used
exclusively for this purpose nor any guarantee that they will be sufficient to fund
retiree health costs, although they will be used for negotiated employee benefits.
C. Dental.and Vision Insurance/Dependent Coverage
Employees will be required to participate in the City's dental and vision plans at
the employee only rate. Should they elect to cover dependents in the City's dental
and vision plans, they may do so, even if they do not. have dependent coverage
under PERS.
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Exhibit A
Resolution No. 9289
D. Long Term Disability Insurance (LTD)
Sworn employees are covered for Long Term Disability Insurance through the
Association and are responsible for premium payments. Non -sworn employees
continue to be covered under the City's Long Term Disability Insurance Program.
17.3 FLEX03LE BENEFITS PLAN
The 1988 -1993 addendum outlining the flexible benefits plan is incorporated herein as
Appendix E.
The non - reimbursed maximum medical cost will be $2,400 per calendar year.
17.4 REPRESENTATION ON A MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint one voting representative to serve on a Medical Plan
Review Committee. In addition, the Association may appoint one non - voting
representative to provide a wider range of viewpoint for discussion.
A. Duties and Obligations of the Medical Plan Review Committee
The duties and obligations of the Medical Plan Review Committee shall be to:
1. Review and suggest changes for the City's. flexible benefits plan and the
insurance plan offered under the MOA.
2. Submit to the City and its employee associations recommendations on
proposed changes for the City's flexible benefits plan and the insurance
plans offered under the MOA.
3. Disseminate information and educate employees about the City's flexible
benefits plan and the insurance plans offered under the MOA.
4. Participate in other related assignments - requested by the City and its
employee associations.
28 -
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Exhibit A
Resolution No. 9289
B. Miscellaneous
1. The actions of the Medical Plan Review Committee shall not preclude the
Association and the City from meeting and conferring.
2. No recommendation of the Medical Plan Review Committee on matters
within the scope of bargaining shall take effect before completion of meet
and confer requirements between the City and the Association.
3. If changes to the City's flexible benefits plan are subject to meet and
confer requirements, the City and the Association agree to meet and confer
in good faith.
4. In performing its duties, the Medical Plan Review Committee may consult
independent outside experts. The City shall pay any fees incurred for this
consultation, provided that the City has approved the consultation and fees
in advance.
17.5 HEALTH INSURANCE FOR UNIT MEMBER SURVIVORS
The City shall maintain and pay for the existing level of benefits for one (1) year for the
surviving family of a unit member who dies while in the line of duty.
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0 0
Exhibit A
Resolution No. 9289
ARTICLE 18
i.
18.1 The City agrees to provide the Public Employees' Retirement System's (PERS) 2% at age
50 plan to all sworn personnel and 2% at age 55 for all non -sworn personnel. The 2% at
age 50 plan includes four amendments, namely, Post Retirement Survivor Allowance, the
1959 Survivor's Benefit, Level Four, age 50 voluntary retirement, military service credit,
and one -year final compensation (except all employees hired as sworn officers on or after
1 July 1987 shall have their final compensation for retirement purposes figured on their
highest three years) and conversion of unused sick leave credit to additional retirement
credit. The 2% at 55 plan has three amendments, 1959 Survivor's Benefit, Level Four,
one year final compensation, military service credit, and conversion of unused sick leave
credit to additional retirement credit.
Effective no later than March 1, 2003, the City shall amend its PERS Public Employees
Retirement System program to the full formula 3% at 50 plan for all sworn personnel.
The City shall implement the single highest year benefit for all sworn unit personnel as
soon as possible.
18.2 Effective January 1, 2000, the City discontinued paying the sworn employees' share of
the PERS Contribution (9 %) and the non -swom employees' share of the PERS
Contribution (7 %). The 9% and the 7% were added to the employees' base salaries and
reported as compensation to PERS. The employee pays to PERS their contribution; as
. ... .
allowed under Internal Revenue Code Section 414. (h) (2) the contribution is made on a
pre -tax basis.
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Exhibit A
Resolution No. 9289
ARTICLE 19
SENIORITY
19.1 Overall seniority in a specific job classification (i.e., Police Officer, Communications
Technician, Field Service Technician, etc.) will prevail as the standard. All days off,
vacation, holidays, and shift selections will be determined by overall seniority in a
specific job classification, in compliance with department policy. The department will
continue to designate the shifts to be available; including the days off and shifts starting
and stopping times. Employees will choose from those shifts designated by the
department as available.
19.2 Seniority as it applies to. special assignments for the officers will also fall under this
standard regardless of seniority in the special assignment.. This shall include all. current
incumbents in specialty assignments as outlined in Article 8.
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ARTICLE 20
HOLIDAYS
I-)
Exhibit A
Resolution No. 9289
20.1 For all employees, holiday leave shall be accrued as earned each payroll period at a rate
of eight hours per month. The following thirteen days of each year are designated
holidays for non -shift employees:
January 1— New Year's Day
Third Monday in January — Martin Luther King's Birthday
Third Monday in February — Presidents' Day
Last Monday in May — Memorial Day
July 4 — Independence Day
First Monday in September — Labor Day
September 9 — California Admission Day
Second Monday in October — Columbus Day
November 11— Veteran's Day
Fourth Thursday in November — Thanksgiving Day
Friday after Thanksgiving Day
December 25 — Christmas -
One -half day before Christmas
One -half day before New Year's
20.2 When a holiday falls on a Saturday, the preceding Friday shall be observed. When a
holiday falls on a Sunday, the following Monday shall be observed.
20.3 Except with the prior approval of the Chief, non -shift personnel shall take the holidays as
scheduled above.
20.4 If the department is unable to allow shift employees to take holiday leave, the Chief may
approve payoff of holiday leave on a straight time basis. The payoff may occur once
quarterly. This payoff is subject to annual approval of the Chief.
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Exhibit A
Resolution No. 9289
20.5 Each employee shall earn 4.33 hours of holiday leave semi - monthly, in lieu of fixed
holidays. Such employees shall receive payment at straight time hourly rate for a portion
of their earned holiday leave (2.16 hours) each semi - monthly payroll period.
20.6 Effective January 2002, the remainder of the employee's annual holiday leave (52 hours)
shall be advanced to the employee effective the first payroll period in January of each
year. Such holiday leave may be taken off by the employee with the approval of the
Police Chief or his designee.
20.7 Each calendar quarter, an employee has the option of receiving payment for one - fourth
(1/4) of his/her advanced holiday leave. The combination of holiday leave taken off and
payment of advanced holiday time may not exceed 52 hours. Any holiday leave
remaining as of the last payroll period in December of each year will be paid to the
employee at the straight time rate. The December 2002 cash out will include all
remaining holiday hours, even those that had been earned under the previous holiday
provisions. If an employee terminates for any reason, having taken off hours in excess of
his/her prorated share, the value of the overage will be deducted from the employee's
final paycheck..
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ARTICLE 21
VACATION
K
Exhibit A
Resolution No. 9289
21.1 Full time employees shall accrue vacation leave with pay at the rate of 96 hours per year
of continuous service since the benefit date for the first five years, 120 hours per year
upon completion of five years, 144 hours per year upon completion of 10 years, and 160
hours upon completion of 20 years.
21.2 All employees may accrue a maximum of vacation time not to exceed twice their annual
rate.
21.3 Vacation Sellback
All employees in this unit are eligible, once annually in December, to request payment
for up to 48 hours of unused vacation leave provided that an employee's overall
performance and attendance practices are satisfactory. Payment for unused vacation
leave is subject to the availability of budgeted funds.
21.4 Patrol Vacation Assignment
The master vacation schedule shall provide that two officers per watch shall be allowed
to sign up for priority vacation. Officers shall only be required to sign up for regular
workdays.
Two additional officers (a total of four) shall be allowed to sign up on the master vacation
schedule. The Department, under normal circumstances, dependent upon staffing level
needs, may accommodate up to a maximum total of two officers per day per shift
vacation. leave.
Subject to the limitations above, after the posting of shifts/days off for each shift rotation,
employees shall be allowed to request, by seniority, for additional available vacation
days.
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ARTICLE 22
SICK LEAVE
Exhibit A
Resolution No. 9289
22.1 Sick leave is governed by Section 2.36.420 of the Municipal Code.
22.2 Upon termination of employment by death or retirement, a percentage of the dollar value
of the employee's accumulated sick leave will be paid to the employee, or the designated
beneficiary or beneficiaries, according to the following schedule:.
A. Death — 25%
B. Retirement and actual commencement of PERS benefits:
1. After twenty years of continuous employment — 20%
2. After twenty -five years of continuous employment _ 25%
3. After thirty years of continuous employment — 30%
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ARTICLE 23
FAMILY LEAVE
;0
Exhibit A
Resolution No. 9289
23.1 An employee may take up to 16 hours of sick leave per year if required to be away from
the job to personally care for a member of his/her immediate family.
23.2 An employee may take up to 40 hours of sick leave per year if the family member is a
part of the employee's household.
23.3 If the family member is a child, a parent or spouse, an employee may use up to forty-
eight (48) hours annually to tend to the illness of a child, parent or spouse, instead of the
annual maximums set forth in paragraphs 23.1 and 23.2 in accordance with Labor Code
Section 233.
23.4 An employee may take up to 56 hours of sick leave per year if the family member is part
of the employee's household and is hospitalized. The employee shall submit written
verification of such hospitalization.
23.5 The amounts shown above are annual maximums, not maximums per qualifying family
member. A member of the employee's immediate family shall mean spouse, child,
brother, sister, parent, parent -in -law, step - parent, step - brother, step - sister, grandparent, or
any other relative living in the same household.
23.6 In conjunction with existing leave benefits, unit employees with one year of City service
who have worked at least .1280 hours in the last year may be eligible for up to 12 weeks
of Family/Medical Leave within any 12 month period. Family/Medical leave can be used
for:
A. A new child through birth, adoption or foster care (maternal or paternal leave).
B. A seriously ill child, spouse or parent who requires hospitalization or continuing
treatment by a physician.
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Exhibit A
Resolution No. 9289
C. Placement of an employee's child for adoption or foster care.
D. A serious health condition, which makes the employee unable to perform the
functions of his or her position.
This leave shall be in addition to leave available to employees under the existing four-
month Pregnancy Disability Leave provided by California law. Paid leave, if used for
family leave purposes or personal illness, will be subtracted from the 12 weeks allowed
by the Family/Medical Leave Program. Employees must use all available vacation,
compensatory time off and holiday leave and, if appropriate, sick leave prior to receiving
unpaid Family/Medical Leave.
23.7 Employees on Family/Medical Leave will continue to receive the City's contribution
towards the cost of health insurance premiums. However, employees who receive cash
back under the City's flexible benefit Plan will not receive that cash during the
Family/Medical Leave. The City will pay only City group health insurance premiums.
23.8 If an employee does not return to work following Family/Medical Leave, the City may
collect the amount paid for health insurance by the City during the leave. There are two
exceptions to this rule.
A. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
B. Circumstances beyond the employee's control.
Further details on Family/Medical Leave are available through the City's "Guide
to Family/Medical Leave Program ".
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Exhibit A
Resolution No. 9289
ARTICLE 24
BEREAVEMENT LEAVE
At each employee's option, absence from duty due to the death of a member of the employee's
immediate family, meaning spouse, child, brother, sister, parent, parent -in -law, step - parent, step-
brother, step - sister, grandparent, or any other relative living in the same household, provided
such leave as defined in this Article shall not exceed 40 hours for each incident. The employee
may be required to submit proof of relative's death before being granted sick leave pay. False
information given concerning the death of relationship shall be cause for discharge.
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ARTICLE 25
CATASTROPHIC LEAVE
0
Exhibit A
Resolution No. 9289
25.1 Upon request of an employee and upon approval of the Chief of Police, leave credits
(vacation, compensatory time off, or holiday time) may be transferred from one or more
employees (donors) to another employee (recipient). The recipient may participate in the
program under the six following conditions:
A. The recipient is a regular employee.
B. The recipient has sustained a life threatening or debilitating illness, injury or
condition (The Chief may require that the condition be confirmed by a doctor's
report.); or,
C. A member of the recipient's immediate family, as defined in Article 23, has
sustained a life threatening or debilitating illness, injury or condition (The Chief
may require that the condition be confirmed by a doctor's report.).
D. The recipient has exhausted all paid leave; or, in the case of illness of or injury to
a recipient's immediate family member, all allowed leave.
E. The recipient must be prevented from returning to work for at least 30 days and
have applied for a leave of absence without pay for medical reasons. This
condition does not apply when the illness or injury involves a member of the
recipient's immediate family, rather than the recipient.
F. The request for participation in the program shall be made on an Application for
Catastrophic Leave Program form.
25.2 Transferring Time
The following rules apply when donations of time occur:
A. Vacation, compensatory time off, and holiday leave may be transferred by regular
employees.
B. The time will be converted from the type of leave given (i.e. vacation; holiday,
etc.) to sick leave or family care leave, whichever is appropriate, and credited to
39
Exhibit A
Resolution No. 9289
the recipient's leave time balance on an hour- for -hour basis and shall be paid at
the rate of pay of the receiving employee.
C. The donations must be a minimum of four hours and, thereafter, in whole hour
increments.
D. The total leave credits received by the employee shall normally not exceed three
months; however, if approved by the Chief, the total leave credits received may
be up to a maximum of six months.
E. Recipients of family care leave will be allowed to use all hours received, up to the
limits of this policy (see D. above), even though such use exceeds the limits for
family care leave found in Article 23.
F. Donations approved shall be made on a Donation of Time Credits form signed by
the donating employee. These donations are irrevocableunder any conditions.
25.3 Appeal Rigbts
If an employee is denied participation in the program by the Chief, he/she may appeal
this initial decision jointly to the Director of Human Resources.
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Exhibit A
Resolution No. 9289
ARTICLE 26
WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with State
Workers' Compensation law and is not eligible for disability payments under Labor Code Section
4850 shall be paid the difference between his base salary and the amount provided by Workers'
Compensation law during the fast 90 business days of such disability absence.
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Exhibit A
Resolution No. 9289
ARTICLE 27
JURY DUTY AND MILITARY LEAVES
27.1 JURY DUTY
Any regular or probationary City employee, when duly called to serve on any jury, and
when not excluded there from, or when subpoenaed to appear as a witness at any trial,
shall be compensated for the time required to be spent under the jurisdiction of the court
by an amount equal to the difference between the pay he/she received as a juror and
his/her regular daily rate received from the City. The difference between the time
required to be spent on jury duty and the normal workday of the employee shall be spent
performing the employee's regular job assignments unless the department head, upon
approval of the Director of Human Resources, determines this not to be practical.
27.2 MILITARY LEAVE
Any line -item employee shall receive normal salary and fringe benefits during the first .
thirty days of any period of temporary military leave. Such compensation shall not
exceed thirty calendar days in any one fiscal year. Any temporary military leave in
excess of thirty days in one fiscal year shall be taken as vacation leave or leave of
absence without pay.
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Exhibit A
Resolution No. 9289
ARTICLE 28
GENERAL PROVISIONS
28.1 Pay
Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other
Thursday. This disbursement schedule is predicated upon normal working conditions and
is subject to adjustment for cause beyond the City's control.
28.2 Paychecks Prior to Vacation
If an employee is taking vacation leave and wishes to receive his regular paycheck before
payday, the employee must notify the Finance Department in writing at least two weeks
prior to the start of vacation provided the employee has sufficient vacation time coming
to cover the pay period. Effective January 1, 2002, the practice of issuing paychecks
prior to vacation shall be discontinued.
28.3 Salary Survey Agencies
For the purposes of external comparisons the agencies to be used for review of
compensation 'shall be the same survey agencies as the City uses for other City
employees. Parties agree that this survey shall be based on total compensation and shall
only be one of the considerations used to determine compensation.
43
O Exhibit A
Resolution No. 9289
ARTICLE 29
RESIDENCY REQUIREMENTS
An officers place of residence shall be within a one -hour driving radius from the San Luis
Obispo Police Department.
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ARTICLE 30
PROMOTIONAL POLICY
•
Exhibit A
Resolution No. 9289
Promotions from Police Officer to Police Sergeant shall be subject to the following:
1. Job Announcement. When the Police Department notifies the Department of Human
Resources of a Sergeant position vacancy, the Department of Human Resources will
publish a job announcement. The job announcement will identify the selection
procedure, which includes the application process, test components with their weights
expressed as a percentage of the total score, and tentative dates of the testing schedule.
Whenever available, the City will identify study materials at least 60 days in advance of a
test.
2. Application Process. A completed City application must be received in the Department
of Human Resources by the filing deadline. The filing deadline will be at least 30 days
from the date the job announcement is released by the Department of Human Resources.
3. Testing Components.
A. Written Test: The written test will count as 20% of the final score.
1. A standardized Police Sergeants multiple- choice test as provided by a
testing service, such as Cooperative Personnel Services (CPS) or
International Personnel Management Association (IPMA). If available,
the City will provide a list of suggested study materials.
2. A score of 70% or better on the written test will enable a candidate to
proceed in the testing process. A score below 70% will disqualify a
candidate from further consideration.
3. All candidates will have the right to review with a representative from the
Department of Human Resources their own written test results so that the
candidate may have the opportunity to improve in the future.
E1.1
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Exhibit A
Resolution No. 9289
4. The Chief or his designee will review the test before it is given to ensure
that the exam contains material relevant to a supervisory position in San
Luis Obispo.
B. Assessment Center will count as 60% of the final score.
1. The Assessment Center may consist of 2 or more exercises. One of these
exercises will be a traditional oral board interview. Other exercises may
include a situational role - playing, oral resume, simulation exercises; and a
supplemental questionnaire to assess written communication, critical
thinking, problem solving and leadership skills, or other testing
instruments as determined by the Human Resource Director in
consultation with the Police Chief. The Human Resources Director shall
determine the weight of each Assessment Center activity. In no case shall
the oral interview count less than 60% of the total Assessment Center
score.
2. The evaluators will be members of the law enforcement community.
Selection of the evaluators will be made by the Human Resources Director
in consultation with the Chief of Police. The Human Resources Director
or his/her designee from the HR Department will be responsible for
instructing the raters on how to conduct interviews and the scope of the
interviews.
3. A Police Department observer as appointed by the Chief of Police and an
Association observer as appointed by the Association may monitor the
Assessment Center. The Association observer must be a neutral, non -unit
member not a part of, nor directly impacted by the testing process. Both
observers shall be subject to approval by the Human Resources Director.
The Chief of Police or his/her designee will provide the evaluators and
observers with information about the qualifications desired for the position
being tested.
:f:
C41
C�
Exhibit A
Resolution No. 9289
4. At the conclusion of the testing process, each candidate will be asked to
complete an anonymous evaluation of the testing procedure. This will be
used to make improvements on the,process. The evaluation will not be
used in determining the final outcome of the testing process.
C. Staff Evaluation will count as 20% of the total score. In addition to this review,
the Chief shall review the candidate's personnel files prior to making an
appointment. The staff evaluation will not be provided to the oral panel.
1. Past and present day performance is a significant factor, which should be
considered when determining a candidate's promotability.
2. Each candidate who passes the written test will be evaluated by all swor
members of the Department with the rank of sergeant or lieutenant,
excluding the Captains and the Chief of Police.
3. Subject to the approval of the Police Chief, if a supervisor feels he or she
is unable to conduct an impartial evaluation due to unfamiliarity with a
given applicant, he or she may opt not to evaluate the candidate but will be
required to document the lack of familiarity on the evaluation form.
4. Staff evaluators will be able to review the three (3) most current
performance evaluations and documentation from the last 24 months of
counseling sessions.
5. Staff evaluations are to be in writing on a form developed by the Director
of Human Resources and signed by the evaluator.
6. The staff evaluations will be discussed in a staff meeting.
7. Each applicant's evaluation forms shall be available for review by the
applicant. The applicant shall not have access to the other applicants'
evaluation forms.
8. Final scores will be tabulated by the Department of Human Resources.
Prior to -the score tabulation, applicants will have the opportunity to
request in writing that the Department of Human Resources correct any
factual errors contained in the applicant's staff evaluation.
EVA
C
\J
Exhibit A
Resolution No. 9289
D. Peer evaluation is not compulsory, is only advisory to the Chief of Police and
does not count toward the final score.
1. Peer evaluation is limited to those candidates who pass the Assessment
Center.
2. All regular Department employees below the rank of Sergeant may
complete a peer evaluation on a form developed by the Director of Human
Resources.
3. Participants must verify their eligibility to participate in the peer review
process.
4. The results of the peer evaluation will be tabulated by the Department of
Human Resources. All forms will be anonymously forwarded to the Chief
of Police.
5. The tabulated results of the peer evaluation for each individual candidate
shall be released to the individual candidate upon request of the Human
Resources Director after the eligibility list has been certified.
4. Final Selection.
A. Upon completion of the testing process, the Department of Human Resources
shall tabulate the scores.
B. Candidates will be ranked by total score. Candidates scoring below 70% will be
ranked unqualified and not placed on the eligibility list. Each candidate will be
individually given his/her score in writing.
C. Final selection by the Police Chief will be in accordance with the City's Personnel
Rules and Regulations.
D. The eligibility list shall be valid for one year unless extended, in accordance with
the City's Personnel Rules and Regulations.
E. Announcements for promotional opportunities for members of the Association
will list testing and scoring processes that will be followed. Once defined, testing
and scoring processes will not be modified.
48
0 0
Exhibit A
Resolution No. 9289
There will be no banding on promotional exams and, if a candidate is by- passed
during the selection process, that person will be given a written reason by the
Police Chief as to why s/he was by- passed. The City agrees to an opener to
discuss the promotional process if the Police Chief goes below the top three (3)
candidates in malting his selection on promotional exams two (2) or more times
during the term of this contract.
49
C O
Exhibit A
Resolution No. 9289
ARTICLE 31
For purposes of uniformity in the performance evaluation process, the following definitions are
provided:
UNACCEPTABLE
Consistently fails to meet performance standards and objectives for the position. Performance
indicates serious lack of knowledge of basic skills or lack of application of skills. Requires
immediate attention and improvement.
EMPROVEMENT NEEDED
Performance is frequently less than expected of a competent employee for the position.
Performance indicates some deficiency in basic skill, knowledge or application. Specific efforts
to improve desired.
MEETS PERFORMANCE STANDARDS
Performance indicates competent and effective. adherence to expected standards. Performance
indicates fully acceptable demonstration of knowledge and skills.
EXCEEDS PERFORMANCE STANDARDS
Performance consistently above standards for position. Performance indicates superior
knowledge and application of skills.
OUTSTANDING
Exceptional performance. Application of knowledge, skills and results are consistently well
beyond the expected standard for position.
50
® •
Exhibit A
Resolution No. 9289
ARTICLE 32
GRIEVANCE PROCEDURE
32.1 A grievance is defined as an alleged violation, misinterpretation or misapplication of
Charter Section 1107, the Employer - Employee Resolution, the Personnel Rules and
Regulations, this MOA or any existing written policy or procedure relating to wages,
hours or other terms and conditions of employment excluding disciplinary matters. A
grievance filed by an individual employee should be clearly identified as a formal
grievance. This will be accomplished through the use of a formal grievance form (See
Appendix B).
32.2 Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. A formal grievance should be filed
only after the employee has attempted to resolve the disagreement with his/her immediate
supervisor. As a courtesy, the employee should advise his/her supervisor of any intention
to file a formal grievance. This action must take place within 15 business days of the
occurrence of the grievance. Employees may be accompanied by a representative at each
step of the process. If a specific action to be grieved affects several employees, those
employees may consolidate their grievances and be represented.
32.3 After consideration of a formal grievance, which could include consultation and/or
further discussion, the Chief, within 15 days of the filing of the formal grievance, will
provide a written response to the employee representatives advising of his decision.
32.4 Provided that implementation processes are coaectly followed, amending the Employer -
Employee Resolution or the Personnel Rules and Regulations or creating new or
amended written policies or procedures may not be grieved but shall first be subject to
notice and consultation or meeting and conferring with the Association as provided in
Sections 7, 8 and 9 of Resolution No. 6620.
51
0 0
Exhibit. A
Resolution No. 9289
32.5 The grievance procedures shall be outlined in the Personnel Rules and Regulations.
32.6 Any dispute regarding the eligibility of an issue for the grievance process may be
appealed through the process ultimately to the Hearing Officer who shall decide on the
eligibility prior to ruling on the merits.
32.7 A grievance is appealable, following several preliminary steps, to a Hearing Officer
whose decision shall be final. A list of five potential hearing officers shall be obtained
from the State Mediation and Conciliation Service by mutual consent. Then following a
random determination of which party begins, parties shall alternately strike one name
from the list until only one remains. Any fees or expenses of the Hearing Officer shall be
payable one -half by the City and one -half by the appellant. All other expenses shall be
borne by the party incurring the expense.
52
33.1
Exhibit A
Resolution No. 9289
ARTICLE 33
LAYOFFS
Layoffs shall be governed by job performance and seniority in service within the
department and job classification. For the purpose of implementing this provision, job
performance categories shall be defined as follows:
Category 1:
Performance that is Unacceptable or Improvement Needed.
Performance defined by this category is evidenced by the employee's two most recent
performance evaluations with an overall rating that falls within the lowest two categories
of the performance appraisal report.
Category II:
Performance that Meets Performance Standards, Exceeds Performance Standards, or is
Outstanding.
Performance defined by this category is evidenced by an employee's two most recent
performance evaluations with an overall rating that falls within the top three performance
categories of the performance appraisal..
33.2 A regular employee being laid off shall be that employee with the least seniority in the
particular job classification concerned who is in the lowest job performance category.
Employees in Category I with the lowest seniority will be laid off first, followed by
employees in Category II. Should the two performance evaluations contain overall
ratings that are in the two different Categories as defined above, the third most recent
evaluation overall rating shall be used to determine which performance category the City
shall use in determining order of.layoffs.
53
9
0
Exhibit A
Resolution No. 9289
33.3 The parties agree that employees who are laid off pursuant to this Article shall have
reemployment rights prior to the employment of individuals on an open or promotion list.
- The employee to be rehired must, at the time of rehire, meet the minimum qualifications
as stated in the appropriate class specifications. Employees will be rehired on the basis of
last out, first in.
54
ARTICLE 34
WORK ACTIONS
0
Exhibit A
Resolution No. 9289
38.2 Participation by an employee in a strike or a concerted work stoppage is unlawful and shall
terminate the employment relation. Provided, however, that nothing herein shall be so
construed as to affect the right of any employee to abandon or to resign his employment.
38.3 The Association shall not hinder, delay, interfere, or coerce employees of the City in their
peaceful performance of City services by strike, concerted work stoppage, cessation of
work, slow -down, sit -down, stay -away, or unlawful picketing.
38.4 In the event that there occurs any strike, concerted work stoppage, or any other form of
interference with or limitation of the peaceful performance of City services prohibited by
this Article, the City, in addition to any other lawful remedies or disciplinary actions, may
by the action of the Municipal Employee Relations Officer cancel any or all payroll
deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and
withdraw recognition of the Association.
38.5 Employee members of the Association shall not be locked out or prevented by
management officials from performing their assigned duties when such employees are
willing and able to perform such duties in the customary manner and at a reasonable level
of efficiency.
38.6 Any decision made under the provisions of this Article may be appealed to the City
Council by filing a written Notice of Appeal with the City Clerk, accompanied by a
complete statement setting forth all of the facts upon which the appeal is based. Such
Notice of Appeal must be filed within 10 working days after the Association first received
notice of the decision upon which the complaint is based, or it will be considered closed
and not subject to any other appeal.
55
� o
Exhibit A
Resolution No. 9289
ARTICLE 35
COMMUNICATION PROCESS
35.1 Conferences
There will be meetings as needed between the Chief of Police and management member(s)
and at least two Association representatives to discuss problems or other subjects of mutual
interest. Minutes of the meeting will be maintained to reflect topics discussed, actions to
betaken, the party responsible for any action and the expected completion date.
35.2 Quarterly Meetings
Two to four representatives of the Association, the City Administrative Officer (or
designee), Chief of Police (or designee), and management representative(s) designated by
the City will meet quarterly if there are issues of concern to the parties. No issues will be
brought to this quarterly meeting without first having been discussed with the Chief of
Police at a previous conference.
56
o �
Exhibit A
Resolution No. 9289
ARTICLE 36
NOTICE TO THE ASSOCIATION
Prior to malting changes directly and primarily relating to matters within the scope of
representation, the City shall give the Association advance notice and the opportunity to meet
and confer with City representatives prior to making the change(s).
57
Exhibit A
Resolution No. 9289
ARTICLE 37
)EUIPNIENT
The City agrees to provide each sworn employee of the Association a Bianchi "Accumold"
utility belt. The utility belt will only be wom as directed by the Chief of Police. The utility belt
will become the property of the employee and the employee agrees to maintain this piece of
equipment.
A. The utility belt will consist of. belt, handcuff case, chemical spray holder, baton holder
(to fit the baton carried by the employee), magazine case (to fit the magazines carried by
the employee), holster (to fit the weapon carried by the employee), radio holder (to fit the
radio carried by the employee), and four belt keepers. Any other accessories will be the
responsibility of the employee.
58
Exhibit A
Resolution No. 9289
ARTICLE 38
LIGHT DUTY
The City and the Association have met and conferred on a light duty/retum to work policy,
which is established by mutual agreement as Police Department Operations Directive L -02,
dated May 12, 1999.
59
V
ARTICLE 39
WORK SCHEDULES
0
Exhibit A
Resolution No. 9289
39.1 The existing side letter agreements for schedules in patrol and communications are
incorporated herein as Appendices C & D. Other division/assignments may be provided
alternate work schedules under the following language:
Employees may request that the Department Head or his/her designee consider alternate
work schedules. Examples of alternate work schedules include 4/10 schedules, 9/80
schedules, 12 -hour schedules, flexible schedules, etc. Alternate schedules may provide for
paid or unpaid lunch periods of 30, 45 or 60 minutes.
Except in cases of emergency, employees will be provided advance notice of at least thirty
calendar days prior to having an alternate work schedule discontinued. Such notice does
not apply to moving between alternate schedules, temporary schedule changes, flexible
schedules, etc. If an alternate schedule is discontinued, the Department will notify the
Association of the reason(s) for ending the schedule.
Employees on flexible/alternate schedules shall continue to accrue time on the standard
eight (8) hour day. Accrued leave shall be charged based on the number of hours missed
due to a flexible schedule.
Implementation of flexible /alternate. schedules in non -sworn employee(s) may have a
different FLSA seven (7) day work cycle established. Once established, the FLSA work
schedule shall not be changed on a frequent or routine basis.
39.2 Appendix D, Work Schedule for Communication Technicians shall be modified to read:
"Shift assignments will consist of Day Watch, Night Watch, Day Relief and Night
Relief.
1
L
0
Exhibit A
Resolution No. 9289
With the exception of the relief shifts while covering vacation and holidays, days off will
not be split without the employee's agreement except under emergency circumstances..
Paybacks will be scheduled in conjunction with work days, by seniority, as staffing
permits.
No employee will be allowed to work a particular shift assignment for more than two
consecutive rotation periods, except as authorized by the Communications Manager.
This will also include Relief Shift that works-the same general hours."
39.3 Shift adjustment guidelines are incorporated herein as Appendix F.
39.4 Field Service Technicians will be entitled to a thirty minute unpaid lunch break.
61
C �C
Exhibit A
Resolution No. 9289
ARTICLE 40
SWAT
SWAT team members are required to maintain a higher standard of physical fitness than the
normal employee. The City will reimburse each SWAT team member who voluntarily joins a
physical fitness gym for the cost of the membership and monthly charges up to a maximum
yearly rate of $375.00 per member. At the City's request each member requesting
reimbursement may be required to provide proof of membership and active participation.
GY
?
o •
Exhibit A
Resolution No. 9289
ARTICLE 41
TRAUMATIC INCIDENTS
Employees involved in a traumatic critical incident as defined by Operations Directive T -12,
where the employee may be subject to investigation, shall be advised of his/her right to
representation.
63
Exhibit A
Resolution No. 9289
ARTICLE 42
NO DISCR E NATION
42.1 There shall be no discrimination by the City of San Luis Obispo in employment conditions
or treatment of employees on the basis of race, color, religion, national origin, sex, sexual
orientation, age, marital status, physical or mental disability, association membership or
non - membership, or participation in the activities of the Association..
42.2 There shall be no discrimination by the San Luis Obispo Police Officers Association in
treatment of employees on the basis of race, color, religion, national origin, sex, sexual
orientation, age, marital status, physical or mental disability, Association membership or
non - membership, or participation in the activities of the Association.
M"
0
ARTICLE 43
•
Exhibit A
Resolution No. 9289
Upon request of either party, the City and Association agree to reopen negotiations during the
term of this agreement on:
• Implementation of improved retirement programs for non -sworn employees. Any such
implementation shall be on a cost neutral basis to the City.
• Retirement enhancements, if approved by the State Legislature and signed by the Governor.
Examples include, but are not limited to the Deferred Retirement Option Plan. Any such
implementation of retirement enhancements shall be on a cost neutral basis to the City.
• Sick leave incentive programs.
• Overtime sign -up language.
Note: S -13 to be modified by July 1 2002 to provide for lists to extend 60 days from the date
of the first special assimnent appointment.
M
• •
Exhibit A
Resolution No. 9289
ARTICLE 44
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all negotiable
issues between the City and the Association. This Agreement supersedes all previous
Memoranda of Understanding or Memoranda of Agreement between the City and the
Association except as specifically referred to in this Agreement. The parties, for the term of this
Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect
to any practice, subject or matter not specifically referred to or covered in this Agreement even
though such practice, subject or matter may not have been within the knowledge of the parties at
the time this Agreement was negotiated and signed. In the event any new practice or subject
matter arises during the term of this Agreement and an action is proposed by the City, the
Association will be afforded notice and shall have the right to meet and confer upon request.
'\
•
ARTICLE 45
SAVINGS CLAUSE
•
Exhibit A
Resolution No. 9289
If any provision of this Agreement should be held invalid by operation of law or by any court of
competent jurisdiction, or if compliance with or enforcement of any provision should be
restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the
parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually
satisfactory replacement for such provision within a 30 day work period. If no agreement has
been reached, the.parties agree to invoke the provision of impasse under Charter Section 1107.
67
O
Exhibit A
Resolution No. 9289
ARTICLE 46
RENEGOTIATIONS
If either party wishes to make changes to this Agreement, that party shall serve upon the other its
written request to negotiate, as well as its initial proposals for an amended Agreement. Such
notice and proposals must be submitted to the other party no more than 135 days nor less than
105 days prior to the end of the Agreement. If notice is properly and timely given, negotiations
shall commence no later than 90 days prior to the end of the Agreement.
M
0
Exhibit A
Resolution No. 9289
ARTICLE 47
TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 2000, and shall continue in full force and
effect until expiration at midnight, June 30, 2004. The City will provide the Association with an
electronic "read -only" copy of the MOA upon ratification.
SIGNATURES
1. Classifications covered by this Agreement and included within this unit are shown in
Appendix "A"
2. This Agreement does not apply to Temporary Employees or Part-time Employees.
This Agreement was executed on February 19, 2002, by the following parties:
CITY OF SAN LUIS OBISPO
William Avery, City Consultant
Ann Slate, Director of Human Resources
SAN LUIS OBISPO
POLICE OFFICERS' ASSOCIATION
Dale Strobridge, Chief Negotiator
Kris Dutra, Negotiator
Mike Brennler, Negotiator
Jason Berg, POA President
L
APPENDIX A
CLASSIFICATION
Non -Sworn
Communications Technician
Evidence Technician
Field Service Technician
Police Cadet
Sworn
Police Officer
70
Exhibit A
Resolution No. 9289
APPENDIX B
GRIEVANCE FORMS
71
0
Exhibit A
Resolution No. 9289
CITY OF SAN LUIS OBISPO O •
FORMRL GRIEURNCE Exhibit
Resolution No. 9289
INSTRUCTI ON S: Grievance must be filed within 15 business days of the occurance. First discuss
with your Immediate Supervisor, then with your Supervisor's Superior. If not resolved, complete this
form and distribute in accordance with departmental procedures. :..•.
Grievant's Name Please Print or Type
Class Title
Has this grievance been discussed with your Immediate Supervisor?
Date of Discussion
Name of Immediate Supervisor?
Title .
Has this grievance been discussed with your Supervisor's Superior?
Date of Discussion
Name of your Supervisor's Superior?
Title
What is the action or situation about which you have a grievance?
(Be specific give: date,time, location, and witnesses.)
What do you think should be done about it?
What was your Supervisor's response?
What provision of the Rules, Regulations, or Agreement was violated?
Article of MOA
Department Rule
Date of Grievable Incident -
What other person do you want notified of any hearings held or actions taken on this grievance?
Name: Mailing Address:
His /Her role in grievance:
Grievance's Signature:
Date:
Received by:
Date: —
CITY OF SAN LUIS OBISPO 0
•
Exhibit A
GRIEURNCE RPPERL Resolution No. 9289
INSTRUCTIONS: Appeal to the City Administrative Officer must be filed within five (5) business days of
receipt of the Chief of Police's decision. Appeal to the Hearing Officer must be filed within five (5) business
days of receipt of the decision of the City Administrative Officer. Complete form and distribute in accordance
with departmental procedures.
Grievant's Name (Please Print or Type)
Class Title
Date of Grievance Initiation
I wish to appeal the Grievance Response signed by:
Name Title - Date
Level to which grievance is being appealed: Check One
❑ City Administrative Officer via Personnel Director ❑ Hearing Officer
Reason for Appeal:
Grievance's Signature:
Date: -
Received by:
Date:
1J
APPENDIX C
PATROL 3/12 WORK PLAN
74
0
Exhibit A
Resolution No. 9289
APPENDTX
Exhibit A
Resolution No. 9289
ADDENDUM TO THE
1985 -88 MEMORANDUM OF AGREEMENT
BETWEEN THE
CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO POLICE OFFICERS, ASSOCIATION
PREAMBLE
The Association, in an effort to improve scheduling of time off for
sworn employees, has requested the implementation of a 3/12 Work hour
plan. The City has agreed to use this plan on a trial basis. The test
period will last up to eight months.
The City has the right to terminate the use.pf the 3/12 work plan
and reassign employees to the 5/8 work week at any time during the test
period if the City believes the 3/12 is too costly, too cumbersome, or
unacceptably reduces the level of service provided to the community.
The Association has the right to terminate the use of the 3/12 work
plan, if the plan as implemented becomes unacceptable. The addendum shall
terminate on the last day of the 28 -day cycle following a 30 -day written
notice from the Association to the City.
After the test period, the parties will evaluate the results of the
plan. Such evaluation period shall last at least three months. Both
parties will evaluate the results of the test, but the final determination
as to whether or not the plan is used after the evaluation period shall be
made by the City. If, on the basis of the analysis of the test, the City
determines it may reimplement a 3/12 work plan, prior to making a final
determination the City shall first meet and confer with the Association
about the specifics of such 3/12 work plan and any revisions to the
Memorandum of Agreement needed to implement such a plan.
It is further understood and agreed that all employees in the
department recognize and accept their responsibility to makt the 31/12 plan
work. In this spirit, the employees will cooperate in makinb themselves
1
Exhibit A
Resolution No. 9289
available for and respond to all requests or orders concerning shift
adjustments, utilization of pay back days, subpoenas, training, or
emergency call backs made by management during the test period as is
necessary to effectuate this agreement.
EFFECT OF THIS ADDENDUM
The 1985 -88 Agreement shall remain in full force and effect except
as specifically modified below. The modifications below shall terminate
on the last date of the effectiveness of this Addendum or any earlier date
upon which the City or the Association decides to terminate the test
period and all the provisions of the 1985 -88 Agreement shalt once again
become fully operative.
TERM OF TEST PERIOD
The test period shall commence prior to December, '.:::.
and shall fully terminate eight months from date of commencement.
WORK.HOURS (ALL NEW)
The basic work pattern for sworn officers on patrol shall be three
12 hour days each week, plus assigned pay back. Employees will normally
be assigned to work 160 hours in a 28 -day work cycle. In addition,
employees who attend shall be compensated for briefing time.
If an employee does not work the full 160 hours in a 28 -day work
cycle, the City shall deduct the unworked hours from an employee's accrued
holiday or vacation balances, unless the unworked hours result for reasons
of excused paid absence or because the City did not assign a pay back
shif t.
During the test period, the City shall have complete flexibility to
change work hours. The City's intent, however, is to give reasonable
prior notice whenever possible.
2
U •
Exhibit A
Resolution No. 9289
OVERTIME -- SWORN (NO CHANGE EXCEPT FOR:)
8.3 All hours worked through the first 165 hours in the employee's
28 -day work period shall be paid in cash at the employee's straight
time base hourly rate. All hours worked above L65 in the employee's
28 -day work period shall be paid in cash at time and one half the
employee's regular, rate of pay.
GUARANTEED MINIMUMS FOR RETURNING TO WORK
(REPLACE_ CURRENT WITH:)
Whenever an employee is required by the department to return to work
outside of the employee's normal work hours, if a minimum applies as found
in this article, then the employee shall receive the minimum or pay for
the work actually performed, whichever is larger. The City shall have the
option of paying the minimum in cash or as an adjustment to the employee's
work shift if the work shift commences within twelve (12) hours of the
scheduled return to work.
11.1 SCHEDULED RETURN TO WORK
Court Time
(a) Employees reporting for court duty shall be guaranteed two
hours minimum payment at straight time.
(b) Two or more court cases occurring within the minimum time
period shall be subject to a single minimum payment.
Training
Employees called back for training sessions authorized by the
Chief of Police or the Watch Commander shall be guaranteed
two -hour minimum payment at straight time.
Range Qualification
(a) Sworn personnel below the rank of Captain shall be
?u:,r:inteed tw hours at straight time when participating
3
0 cJ
Exhibit A
Resolution No. 9289
in range qualification training when off duty.
(b) Each sworn employee who shoots for qualification shall be
provided 100 rounds of practice,ammunition during that
month.
11.2
NON- SCHEDULED RETURN TO WORK
Call Back
Employees called back to work at other than their normally
scheduled shift shall be guaranteed two -hour minimum payment at
time -and- one -half.
STAND BY (NO CHANGE EXCEPT FOR:)
13.2
COHPFNSATION
Non - investigator
(a) Sworn personnel below the rank of Lieutenant, placed on
standby, shall be compensated one hour's pay for each five
hours standby.
(b) For any calendar day ANY part of which an employee is scheduled
to work, the employee shall receive no minimum pay for
standby. For any calendar day NO part of which an employee is
scheduled to work, the employee shall receive a minimum of
three hours of pay at straight time, rate for standby-
Investigator
No change.
HOLIDAYS, VACATION, SICK LEAVE
Each of the above shall continue to accrue as provided in the
current
Agreement, except that, where the accrual or use is stated in
days,
such accrual or use shall be converted to hours by using eight (8)
hours
for each day provided. when :ui employee takes time off from any one
of tue5e
benefits, for each hour Uiken ott „i hour sh:,Ll br subtracted
4
o •
- Exhibit A
Resolution No. 9289
from the employee's accrued balance.
BEREAVEMENT LEAVE
No change except the time off shall not exceed 40 working hours per
incident.
CITY OF SAN LUIS OBISPO
Ann Crossey TDa�
Personnel Director
Don Englert Date
Chief of Poli)e
5
SAN LUIS OBISPO
POLICE OFFICERS ASSOCIATION
Glen Jor4dn Date
President Qs-L o OA
Terry Campbell to
Vice President SLOPOA
0 3
Exhibit A
Resolution No. 9289
SIDE LETTER TO ADDENDUM
of 1985 -88 Memorandum of Agreement
Between the City of San Luis Obispo
and the San Luis Obispo Police Officers Association
By mutual consent of the City and the Police Officers Association,
the attached addendum with sideletter adopted May 19, 1987 by Resolution
6216 (1987 series) is hereby modified to read as follows:
A. Page One, Paragraph One :
In an effort to improve .scheduling, the Chief
of Police desires to implement a 3/12 Work
Hour Plan. This plan will be implemented .
beginning January 1, 1988 and will remain in
effect until such time that it is no longer
determined to be beneficial to the City and /or
the Police Officers' Association.
B. Page One, Paragraphs Two, Three, Pour and rive:
All Paragraphs deleted.
C. Page Two, Paragraph One:
Deleted.
D. Page Twn, Paragranh Three:
Deleted.
The i;ity and the Pol:cr Officers association agree to continue all
-it her aspects ci tt'-e Current aodendum"to 'he 19,35 -88 MOA as written through
.tune 30. 19P.9.
The Citv and Police Off ,il,soclatlor, also agree that all
other provisions of the current MOA, not effected by the addendum, will
remain the same.
W..
Nothing herein should be construed to indicate that the City wiAl,
in any way, relinquish current or future management prerogatives to
establish necessary work plans appropriate to the needs of the Department.
A
City of San Luis Obispo
Ann Crossey
Director of Personnel
J es M. Gardiner
Chief of Police
John D n
ity A inistrative Officer
11
Exhibit A
Resolution No. 9289
Police Officers Association
y N th '
resident, San Luis Obispo POA
0 0
APPENDIX D
COMMUNICATIONS WORK PLAN
82
Exhibit A
Resolution No. 9289
OAPPIIID D
�xhibit A
Resolution No. 9289
ADDENDUM TO THE 1995 -96 MEMORANDUM OF AGREEMENT
BETWEEN THE
CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION
PREAMBLE
The Police Officers' Association (Association), in an effort to improve scheduling
and leave time considerations for Communications Technicians, desires to
implement a 3/12 work plan for Communications.
The City and the Association agree that policies and procedures covered by this
Addendum shall in no way affect policies and procedures in place for the Patrol
Division 3/12 plan.
It is further recognized and agreed that both parties accept their responsibility
to make this agreement work and for employees covered to respond to all
requests and orders covered by this plan.
The City or the Association shall have the right to terminate the use of this plan
if it becomes unacceptable. Both parties agree to meet and confer, prior to
termination.
3/12 WORK SCHEDULE
I. SHIFT ASSIGNMENTS - Shift assignments will consist of Day Watch, Night
Watch, Day Relief, Night Relief, and Cover shift.
A. Vacancies may be covered by reassignment of the Cover shift with 14
days notice.
B. The
Day Relief will
cover absences on
Day shift and the _Night Relief
will
cover absences
on the Night shift,
as staffing permits.
C. Except under emergency circumstances, days off will not be split
without the employee's agreement.
1
U 'J
Exhibit A
Resolution No. 9289
D. Paybacks will be scheduled in conjunction with days off, by seniority,
as staffing permits.
E. When available staffing permits, a work week will consist of a
combination of three 12 -hour work days and a payback.
F. The first draft of the work schedule should be posted 21 days prior to
the beginning of the work cycle. The final draft should be posted 14
days prior to the beginning of the work cycle.
II. SHIFT SIGN UP - By September 15 of each year, the Communications Unit
Supervisor will post the annual blank schedule for the following year sign
up of vacations, shifts, and days off.
A. Employees will sign up by seniority for their choice of shifts, days
off, and leave hours for each of the three annual rotations.
Modifications to this policy will be considered by the Communications
Unit Supervisor to deal with critical needs.
B. Each employee will have three days, from the date of receipt of the
schedule, to make their selection of shifts, days off and vacation.
They may sign up for the total of their annual accrual of vacation
time. After all employees have signed up for use of their vacation
time, they may again, by seniority, sign up for use of other leave
hours. For the second sign up, they may use all of the time they will
have available on the date they wish to take the leave. When medical
conditions or position openings exist, overtime-will be considered to
cover for scheduled vacation time.
C. The tentative shift /vacation schedule will be posted in the
Communications Center for reference. The 28 -day work schedules
will be used for payroll purposes.
D. No employee will be allowed to work a particular shift assignment for
more than two consecutive rotation periods, except as authorized by
the Communications Unit Supervisor. This will also include the Relief
shift that works the same general hours. The Cover shift is
considered a Night shift.
2
Exhibit A
Resolution No. 9289
E. Every employee must work a Day Watch and a Night Watch during each
12 -month sign up period, unless otherwise authorized by the
Communications Unit Supervisor.
F. Every employee must work a Relief shift before another employee is
assigned to work a second Relief shift. A senior employee may
request a Relief shift if they desire, thereby postponing a junior
employee's mandatory relief shift until the next 12 -month sign up
period.
III. SHIFT REASSIGNMENT CREATED BY UNDER STAFFING - If an employee is
reassigned for a long term vacancy, and the returning employee comes back,
both employees will return to their originally selected shift.
A. In the event of a permanent vacancy, and when staffing increases, the
affected employee who was reassigned has the option of going back to
the originally selected shift or remaining on the reassigned . shift. -
B. If an employee is reassigned from one shift to another, that employee
may take credit for either shift.
C. If an employee selects a Relief shift and is then reassigned to a Day
or Night shift, that employee receives credit for the Relief shift.
IV. SHIFT TRADE - Any request for a change or deviation between employees
(i.e., shift trade) must be submitted in memo form signed by both affected
employees within one week 'of posting the tentative schedule. Requests
will be forwarded through the chain -of- command for a final decision. by the
Bureau Commander. If approved, affected employees' will also trade
seniority for selection of days off. For scheduling purposes, the shift
change will affect only the two employees invblved. Affected employees
will receive credit for the shift they work, if it is for the entire rotation.
V. EMPLOYEE REQUESTED TIME OFF CANCELLATION - When an employee
determines they will not be taking scheduled time off, they will prepare a
memo .stating the dates they will not be using and post it in the
Communications Center. By seniority, employees junior to the person
canceling may request to use those dates. Any necessary adjustments to
3
Exhibit A
Resolution No. 9289
the shift will be made between employees with no cost to the City. As
quickly as possible, the Communications Unit Supervisor will be advised of
any changes in the schedule.
VI. TRAINING - It is agreed by all parties that paybacks may be used to
accomplish training for the Communications Technicians as needed.
VII. SHIFT ADJUSTMENTS Shift adjustments required to fill staffing vacancies
or sick leave will not exceed four hours. When a shift adjustment is
required, there will be a minimum of eight hours between shifts. Planned
adjustments due to vacancies must be listed in the next work cycle
schedule when it is posted for review.
VIII. TIME OFF - Coverage for time off will first be filled by the Relief shift for
that Watch. If no one is available, a volunteer will be sought from the
opposite Relief Watch.
A. When any employee is required (ordered) to make a shift change, a
minimum of 14 days notice will normally be given. In no event will
less than seven days notice be given. Required (ordered) shift changes
must be in one week-P-Crements. Employees. must consent to shift
.changes of less than one week increments. Time off will not be
authorized /approved if it would conflict with adherence to these
guidelines.
CITY OF
SAN LUIS OBISPO
Bart Topha Date
Management Representative
IH
SAN LUIS OBISPO
POLICE OFFICERS' ASSOCIATION
4A4,J y 30-96
Gilbert Rendon Date
POA Vice President
Q !"
CITY OF
SAN LUIS OBISPO
James M. Gardiner. Date
Chief of Police
Olt� Ar I
31a�96
Ann Slate Date
Personnel Director
5
Exhibit A
Resolution No. 9289
SAN LUIS OBISPO
POLICE OFFICERS.
Mary "Kris" Dutra Date
Communications Technician I
c
APPENDIX E
FLEXIBLE BENEFITS PLAN
Exhibit A
Resolution No. 9289
o •
AppENFzbiWt A
Resolution No. 9289
ADDENDUM
TO THE 1988 -1993 MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND
POLICE OFFICERS ASSOCIATION
FLEXIBLE BENEFITS PLAN
A. PURPOSE OF THIS ADDENDUM
To protect the non - taxable status of city contributions for
.insurance under the memorandum of agreement (MOA), the City
and the Association here 1) modify the MOA.provisions about
refunding unused contributions and 2) outline the intentions
and contents of a flexible benefits plan (sometimes referred
to as a "cafeteria plan "), which shall include a salary
reduction plan component and /or other mutually agreeable
provisions.
B. DELETION OF EXISTING REFUND PROVISIONS
Article 17.3 of the MOA is deleted.
C. INTENTIONS AND CONTENTS OF THE FLEXIBLE BENEFITS PLAN
The
City and the Association shall adopt a flexible benefits
plan
which shall:
1.
take effect retroactively from January 1, 1990.
2.
comply with applicable Internal Revenue Code sections,
including Section 125
3.
allow an employee to:
a. avoid taxation on portions of salary (the amount of
the employee share of the benefit) and City
contributions used for insurance premiums through a
salary reduction plan
b: purchase additional group term life insurance
4.
provide for,an employee to receive any unused City
•-
contributions in cash each pay period (a - change from
previous practice)
5.
through amendment of the plan as soon as reasonable,
allow an employee to avoid taxation on salary and City
contributions used for other permitted purposes, subject
to the provisions of paragraphs D.1 and D.2 of this
addendum. The Asssociation shall meet and confer with
the City to achieve such mutually acceptable amendments.
o
Exhibit A
Resolution No. 9289
Addendum
Flexible Benefits Plan
Page 2
6. allow the City, as plan administrator, to establish
administration procedures and to make amendments to the
plan (which amendments may be implemented during the
term of this MOA) subject to Sections C5, 6, and 8; and
including all required meet and confer procedures
7. reasonably protect an employee's benefits under the plan
if the employee cannot manage his or her personal
affairs
8. not supercede any contrary provision contained in the
MOA (including this addendum) nor limit the rights of
any employee under the Meyers - Mi1ias -Brown Act.
D. MISCELLANEOUS
1. The provisions of paragraph C6 of this addendum,
regarding amendment of the flexible benefits plan, shall
not preclude the Association and the City from meeting
and conferring.
2. No recommendation of the Medical Plan Review Committee
on matters within the scope of bargaining shall take
effect before completion of meet and confer requirements
between the City and the Association.
3. The City shall direct its tax attorney to obtain an
opinion letter from the Internal Revenue Service about
qualification of the flexible benefits plan document
under the Internal Revenue Code.
4. Should any employee association or any of its employees,
be allowed to withdraw from participation in the City's
health insurance plans, or be determined to have such
right of withdrawal, the City and the Association shall
meet and confer about the effects of such a withdrawal.
This addendum is executed by the following authorized agents:
FOR THE CITY OF SAN LUIS OBISPO:
CIAA, JxI PC&
Ann McPike, Personnel Director
3-01y-
Date
FOR THE ASSOCIATION:
`G 'aary./N /emeth, President
Date
u
APPENDIX F
SHIFT ADJUSTMENT
91
0
Exhibit A
Resolution No. 9289
O Exhibit A
APPENDIX F Resolution No. 9289
Shift Adjustment
Management and the POA reaffirm that scheduling is a management responsibility.
However, in the matter of shift adjustments policies, it is agreed that the following
guidelines will be followed:
A. In any situation necessitating a shift adjustment, volunteers will first be sought.
B. Shift adjustments will not be for more than two hours.
C. Shift adjustments for special units or assignments are not covered by this guideline
and remain the discretion of the Unit Supervisor or Bureau Commander.
D. Whenever volunteers cannot be located, Officers assigned will be chosen sequentially
by seniority.
E. Generally, no more than two Officers per shift should be ordered to adjust unless an
specific event necessitates it.
F. At least 14 days notice will normally be given, but in no event will less than seven
days notice be given, for an ordered shift adjustment.
G. An Officer authorized to shift adjust will not suffer loss of briefing pay or other
normal benefit.
H. Officers will be given at least ten hours between shifts for ordered non - emergency
.shift adjustments.
I. Shift adjustments will not be ordered to deal with court or shift continuation unless it
is necessary to insure the Officer has adequate rest. If court or another assignment
prevents an Officer from getting proper rest between shifts, the Officer and the Watch
Commander may arrange a shift adjustment to meet this need. With approval, the
Officer could opt to use adjusted court time towards normal work hours instead of
overtime, or to adjust shift start time up to four hours. In cases where the Watch
Commander determines an adjustment is warranted but does not have sufficient
manpower, he is authorized to bring in a replacement (on O/T) for up to four hours.
J. Shift adjustments will not be limited by day or time except as articulated above.
K. It is noted that either party may reopen these issues at the time of contract renewal.
.a
• •
APPENDIX G
RULES GOVERNING SALARY INCREASES
93
Exhibit A
Resolution No. 9289
OO Appit A .
RESOLUTION \0. 4272(1990 Series) Resolution No. 9289
Section 3. Rules Coverninc Sten Incr,:zzes. The following rules shall gove
step increases for employees other than those specified in Section 4:
(1) The first step is the minimum rate and shall normally be the hiring rate fox
the class. In cas ^.s where it is difficult to secure qualified personnel, of
if a person of unusual qualifications is hired, the Administrative Officer :
authorize hiring at any step.
(2) The second step is an incentive adjustment to encourage an employee to impri
%
his work. An employee may be advanced to the second step following the
completion of six months satisfactory service upon recommendation by his
department head and the approval of the Personnel Director.
(3) The third step represents the middle value of the salary range and is the r
at which a fully qualified, experienced and ordinarily conscientious employ
may expect to be paid after a reasonable period of satisfactory service. A
employee may be advanced to the third step after completion of six months
service at the second step, provided the advancement is recommended by the
department head and approved by the Personnel Director.
(4) The fourth step is to be awarded only in case of work which is well above
average for the class. An employee may be advanced to the fourth step aft(
completion of one year of service at the third step provided the advanceme(
is recommended by the departmnet head and approved by the Personnel Direct
(5) The fifth step is intended as a reward for performance sustained above
satisfactory. An employee may be advanced to the fifth step after complet
of two years service (one year for 'Police Officers, beginning level, or fo
employees who were at fifth step in one classification and then promoted t
a lower step in a higher classification) at the fourth step provided the
advancement is recommended and justified in writing by the department heac
and approved by the Personnel Director.
-12-
L. `3
RESOLUTION NO. 9288 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE TENTATIVE MAP AND MITIGATED NEGATIVE DECLARATION
FOR MINOR SUBDIVISION LOCATED AT 303 FOOTHILL BOULEVARD
MS/ER 176 -01 (SLO 00 -095)
WHEREAS, the City Council conducted a public hearing on February 5, 2002 and has
considered testimony of interested parties and the evaluation and recommendation of staff; and
WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of
environmental impact as prepared by staff; and
WHEREAS, minor subdivisions with requests for exceptions require City Council
review and approval;
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Review. The City Council finds and determines that the
project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project, and reflects the independent judgment of the City
Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the
following mitigation measures into the project:
1. Aesthetics
1. All trees shall be protected and preserved on the site unless otherwise approved for removal by the
City Arborist. Removal of any tree on site shall require a City tree removal permit and mitigation to
consist of on -site replanting.
2. The new parcels 2, 3 and 4 as shown on the Tentative Parcel Map shall be considered "Sensitive"
and construction on the new parcels shall be subject to architectural review to consider neighborhood
compatibility.
2. Biological Resources
1. All oak trees (Quercas agrifolia) shall be preserved and protected on site during any on site
construction of public improvements or private residential construction.
2. All new construction including residences, private garages or accessory structures shall remain
outside of the drip line of any oak tree on site.
3. No solid paving, parking areas, or significant construction shall occur beneath the drip line of any
oak tree on site.
4. Paving for driveways and trenching for utilities within the drip line of any oak tree shall only be
allowed under the following circumstances: 1. When approved by the Community Development
Department; a minimum of ten feet from the trunk base of the tree; and any paving shall be
constructed of pervious materials such as concrete pavers or similar.
Resolution No. 9288 (2002 Series)
Page 2
3. Hvdroloey and Water Quality
1. Provisions must be made to accept and convey offsite drainage to an adequate point of disposal to the
satisfaction of the Public Works Director and Building Official.
2. All newly graded surfaces shall be protected from soil erosion with City approved temporary erosion
control methods or approved permanent landscaping.
4. TransoortationlTraffic
1. All future residential driveways intersecting with the primary new accessway that enters Foothill
Boulevard shall be designed to allow vehicles to exit individual properties in a forward position with a
minimum amount of maneuvering.
SECTION 2. Findings. That this Council, after consideration of a request to subdivide
one lot into four lots with an exception to the subdivision ordinance, staff recommendations,
public testimony, and reports thereof, makes the following findings:
Minor Subdivision
As conditioned, the design of the tentative map and proposed improvements are consistent
with the general plan and its policies that call for compact urban form and a variety of housing
types compatible with the surrounding neighborhood. This is because the proposed new lots are
infill lots, located within an existing rear yard of a developed residence. Furthermore, the
property is surrounded by urban development and is within close proximity to shopping and
transportation sources.
2. As conditioned, the site is physically suited for the type and density of development allowed
in the R -1 zone, since the proposed lots meet all size and dimension standards as required
within the R -1 district and project conditions will require architectural review for new
development.
3. The design of the tentative map and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and unavoidably
injure fish or wildlife or their habitat since the project does not involve significant tree
removal, it does not interfere with creeks or wetlands, and the site is surrounded by urban
development.
4. The design of the subdivision will not conflict with easements for access through (or use of
property within) the proposed subdivision since all adjacent properties are accessed
independently and all new proposed lots will contain access easements as required by the
Subdivision Ordinance.
Resolution No. 9288 (2002 Series)
Page 3
Exceptions to Subdivision Standards for Accessway Setback (flag lot standards)
5. The property to be divided is of such size or shape, or is affected by such topographic
conditions, that it is impossible, impractical or undesirable, in the particular case, to conform
to the strict application of the regulations codified in the Subdivision Ordinance. Approval of
this subdivision in accordance with the setback standards would require demolition of, or
moving an existing residence; and
6. The cost to the subdivider of strict or literal compliance with the regulations is not the sole
reason for granting the modification. It is City policy to conserve existing housing and
prevent displacement of occupants; and
7. As conditioned, the modification will not be detrimental to the public health, safety and
welfare, or be injurious to other properties in the vicinity since the modification will only
result in a 3.4 foot reduction in the required 10 foot setback adjacent to the side of an existing
residence. Potential impacts from the resulting 6.6 foot setback will be further reduced by the
addition of screening landscape within the setback area as required by project conditions; and
8. Granting the modification is in accord with the intent and purposes of these regulations, and
is consistent with the general plan and with all applicable specific plans or other plans of the
city since it does not grant special privileges or modify allowable land uses within the
existing R -1 district.
SECTION 3. Approval. The request for approval of the minor subdivision and use
permit (MS /A 57 -00) to allow creation of four lots from one existing lot with an exception to the
Subdivision Ordinance, Section 16.36.230 flag lot requirements, for property at 303 Foothill, is
hereby approved subject to the following conditions:
Conditions:
1. Approval of this Tentative Tract Map shall be valid for two years after its effective date.
At the end of the period, the approval shall expire and become null and void unless an
extension of time is granted pursuant to a written request received prior to the expiration
date.
2. The Tract map shall be subject to additional fees for park or recreation purposes
(QUMMY Act) as required by City Ordinance.
3. The granting of this entitlement shall apply to the property located at 303 Foothill
Boulevard (APN 052 - 141 -053) regardless of owner.
4. A final map drawn in substantial conformance with the approved tentative map, and in
o �
Resolution No. 9288 (2002 Series)
Page 4
compliance with all conditions set forth herein, shall be submitted for review and
approval in accordance with the Subdivision Map Act and the City's Subdivision
Ordinance.
5. All new parcels created by this subdivision shall be considered sensitive sites, therefore
requiring architectural review prior to approval of a building permit for new construction.
Each residence shall maintain a minimum of 800 square feet of quality private open
space. The height of each residence shall not exceed 25 feet, as measured from natural
grade to the highest point on the structure.
6. A common address identification sign located at the intersection of the driveway and
Foothill Boulevard shall identify each of the residential lots. Individual lots shall be
identified with an address sign at the driveway intersection of each private lot and the
main access driveway. The design of the address signs shall be approved by the
Community Development Department.
7. All subdivision improvements as shown in project concept and expressed within project
conditions shall be completed prior to the recordation of the final map, unless a bond in
an amount sufficient to ensure improvements has been posted for the project.
8. A landscape architect shall prepare a project landscape plan as part of the subdivision
improvement plans. Landscape tree varieties shall be a minimum size of 15- gallon
nursery stock. An adequate quantity of screening shrubs shall be planted at the edge of
the accessway adjacent to the existing residence on the property and along the eastern
edge of the accessway where it adjoins the neighboring property. At least two street trees
will be required at the front of the property adjacent to Foothill Boulevard. Additional
trees and shrubs may be necessary as required by Community Development Department.
9. The subdivider shall dedicate additional necessary right -of -way to accommodate
driveway ramps and sidewalks to the satisfaction of the Director of Public Works.
10. The subdivider shall install new curb, gutter and sidewalk as necessary to the satisfaction
of the Public Works Director, new driveway shall be designed to meet ADA standards in
regards to sidewalk.
11. All trees shall be retained and protected unless noted on the site plan and permitted for
removal by the Community Development Department and approved by the City Arborist.
Tree protection fencing shall be installed when performing construction near the canopy
of the 30" live oak tree. Subdivision improvement plans and site development plans shall
be subject to review and approval by the City Arborist for compliance with this condition.
12. Street trees are required to the satisfaction of the City Arborist.
Resolution No. 9288 (2002 Series)
Page 5
13. Final parcel boundary for parcel 3 is subject to modification to minimize the narrow
sliver at its northeast comet -3 to using 1 or 2 angle points be used, instead to simplify the
property boundaries for fencing, etc., to the satisfaction of the Public Works Director.
14. A "common driveway" easement agreement is required, in accordance with City
standards for Parcels 2, 3 and 4, to the satisfaction of the Community Development
Director and Public Works Director. The common driveway shall be constructed as a
parcel map condition.
15. Provisions must be made to accept and convey offsite tributary drainage to an adequate
point of disposal, to the satisfaction of the Public Works Director and Building Official.
16. All utilities shall be extended to the respective parcels, as part of the subdivision
improvements, to the satisfaction of the Public Works Director and Utilities Director.
17. Each lot shall provide all parking on site, as required by code, plus one additional visitor
space.
Code Requirements:
1. Each parcel shall be served with separate utilities (water, sewer, gas, electricity, telephone &
cable TV), to the satisfaction of the Director of Public Works.
2. Street trees shall be planted prior to recordation of the final map, to the satisfaction of the
City Arborist.
3. Traffic impact fees, per City ordinance, shall be paid at the time of building permits for new
residences.
4. Utilities to new residences shall be underground.
5. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc., shall be
tied to the City's Horizontal Control Network. At least two control points shall be used and a
tabulation of the coordinates shall be submitted with the final map or parcel map. All
coordinates submitted shall be based on the City coordinate system. A 3.5" diameter
computer floppy disk, containing the appropriate data compatible with Autocad (Digital
Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be
submitted to the City Engineer.
0 0
Resolution No. 9288 (2002 Series)
Page 6
6. The parcel map shall use the International System of Units (metric system). The English
System of Units may be used on the final map where necessary (e.g. -all record data shall be
entered on the map in the record units, metric translations should be in parenthesis), to the
approval of the City Engineer.
On motion of Council Member Ewan, seconded by Council Member Schwartz, and on
the following roll call vote:
AYES: Council Members Ewan, Schwartz, Vice Mayor Marx, and Mayor Settle
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was adopted this 5`h day of February 2002.
Mayor Allen Settle
City Clerk Lee Price
APPROVED AS TO FORM:
0 0
Resolution No. 9288 (2002 Series)
Page 7
EXHIBIT A
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RESOLUTION NO. 9287 (2002 Series)
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT
TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement System by the execution of a
contract, and sets forth the procedure by which said public agencies may elect to subject
themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by
the governing body of the public agency of a resolution giving notice of its intention to approve
an amendment to said contract, which resolution shall contain a summary of the change proposed
in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 21363.1 (3% @ 55 Full formula) for local Fire
members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above
agency does hereby give notice of intention to approve an amendment to the contract between
said public agency and the Board of Administration of the Public Employees' Retirement
System, a copy of said amendment being attached hereto as an "Exhibit A" and by this reference
made a part hereof.
Upon motion of Vice Mayor Marx, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 22 °d day of January 2002. '
n Mayor Allen Settle
ATTEST:
1\
Lee Price, City Clerk
R 9287
0 0
Resolution No. 9287 (2002 Series)
Page 2
APPROVED AS TO FORM:
�: �s�� . • : C�,Attomey
All � �, �, �
CaIPERS
Oi,,�solution No. 9287
California
Public Employees' Retirement System
EXHIBIT A
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public ]Employees' Retirement System
and the
City Council
City of San Luis Obispo
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective July 1,
1952, and witnessed June 9, 1952, and as amended effective October 1, 1962, October
3, 1963, October 1, 1974, June 1, 1976, December 1, 1976, December 20, 1978,
January 16, 1980, May 1, 1980, July 1, 1980, July 1, 1983, July 1, 1986, July 23, 1987,
November 16, 1989, August 8, 1993, November 5, 1999, January 7, 2000, July 6, 2000
and September 21, 2001 which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective September 21, 2001, and hereby replaced by the following paragraphs
numbered 1 through 13 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members, age 50 for local police
members, and age 55 for local fire members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1952 making its employees as hereinafter
provided, members of said System subject to all provisions of the Public
Employees' Retirement Law except such as apply only on election of a
contracting agency and are not provided for herein and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof. apply only on the election of a contracting agency.
PLEASE DO NOT J1 "EXHIBIT ONLY"
Resolution No. 9287
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as
local miscellaneous members)
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
a. CROSSING GUARDS.
5. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall
be determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member shall be
determined in accordance with Section 21362 of said Retirement Law (2%
at age 50 Full).
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance with Section 21363.1 of said Retirement Law
(3% at age 55 Full).
8. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits) for local fire
members only.
b. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
miscellaneous members and local police members only.
C. Sections 21624, 21626 and 21628 (Post- Retirement Survivor
Allowance) for local safety members only.
d. Section 20965 (Credit for Unused Sick Leave).
PLEASE DO NOT S
EXhibif A
J "EXHIBIT ONLY"
Resolution No. 9287
e. Section 20042 (One -Year Final Compensation) for local
miscellaneous members; for those local fire members entering
membership on or prior to July 1, 1986; and for those local police
members entering membership on or prior to July 23, 1987.
f. Section 20475 (Different Level of Benefits Provided for New
Employees). Section 20042 (One -Year Final Compensation) is not
applicable to local fire members entering membership after July 1,
1986 and to local police members entering membership after July
23, 1987.
g. Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members only.
h. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976.
9. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer' for purposes of Section 20834 effective on
June 1, 1976. Accumulated contributions of Public Agency shall be fixed
and determined as provided in Government Code Section 20834, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
10. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
11. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local fire members.
b. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local police members and local miscellaneous members.
qesolution N0. 9287
C. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law..
d. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
12. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
13. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the�1� day of
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT EM
BY
KENNETH W. MARZION, C
ACTUARIAL & EMPLOYE RVICES DIVISION
PUBLIC EMPLOYEES' EMENT SYSTEM
`J
AMENDMENT
PERS - CON -702A (Rev. 8 \96)
CITY COUNCIL
CITY OF SAN LUIS OBISPO
BY
PRESIDING OFF(I�
Witn,eb't'Date
Attest:
Clerk
0
• •
RESOLUTION NO. 9286 (2002 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE RIPARIAN AND
RIVERINE HABITAT GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD
PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION ACT OF 2000
FOR THE PROJECT KNOWN AS AHEARN PROPERTY ACQUISITION
WHEREAS, the People of the State of California have enacted the Riparian and Riverine
Habitat Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Act of 2000 (Proposition 12), which provides grants to local agencies to increase
public recreational access, awareness, understanding, enjoyment, protection, and restoration of
California's irreplaceable rivers and streams; and
WHEREAS, the State Department of Parks and Recreation has been delegated the
responsibility for the administration of the program within the state, setting up necessary
procedures goveming application by local agencies under the program; and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the applicant to certify by resolution the approval of the application before
submission of said application to the State; and
WHEREAS, the applicant will enter into an agreement with the State of California for
acquisition or development of the project;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby:
1. Authorizes the filing of an application for the Riparian and Riverine Habitat Grant
Program for State grant assistance for the Ahearn property acquisition project for purposes of
riparian habitat protection, enhancement and public recreation; and
2. Certifies that said applicant understands the assurances and certification in the application
form; and
3. Appoints the City Administrative Officer as agent of the City to conduct all negotiations,
execute and submit all documents, including, but not limited to, applications, agreements,
amendments, payment requests and so on, which may be necessary for the completion of the
aforementioned project.
Resolution No. 9286 (2001 Series)
Page 2
On motion of Council Member Mulholland, seconded by Council Member Ewan, and on
the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 22nd day of January 2002.
Lee Price, City Clerk
APPROVED AS TO FORM:
-,�
Attorney —
0
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• o
RESOLUTION NO. 9285 (2002 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
SETTING A FEE IN -LIEU OF PROVIDING PARKING FOR THE C -C ZONE;
AND RESCINDING RESOLUTION NO. 6332 (1987 SERIES)
WHEREAS, Section 17.42.020 of the San Luis Obispo Municipal Code provided for the
option of paying a fee to the City in -lieu of providing parking in the CC zone; and
WHEREAS, Section 4.30.020 provides for the City Council to establish by resolution the
amount of the parking in -lieu fee for construction, additions and changes of occupancy in the CC
zone; and
WHEREAS, the City Council has considered the staff analysis regarding an increase of
this fee and the recommendations of the Downtown Association; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The parking in -lieu fees for the CC zone shall be as follows:
A. New Construction. The parking in -lieu fee shall be $11,000 per vehicle space
required by the zoning regulations for the addition and not otherwise provided.
B. Additions to existing buildings. The in -lieu fee shall be $11,000 per vehicle space
required by the zoning regulations for the addition and not otherwise provided.
C. Change in occupancy requiring additional parking spaces. The in -lieu fee shall be
$2,750 per vehicle space required by the zoning regulations and not otherwise
provided. The number of spaces required by the change in occupancy shall be the
difference between the number required by the new use and the number required by
the previous occupancy.
D. This fee will adjust annually, effective January 151 of each year, per the Consumer
Price Indexes (Los Angeles- Riverside -Orange County).
Upon motion of Council Member Mulholland, seconded by Vice Mayor Marx and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz and Vice Mayor Marx
NOES: Mayor Settle
ABSENT: None
The foregoing resolution was passed and adopted this 22 °d day of January 2002.
R 9285
Resolution No. 9285 (20 02 Series)
Page 2
City Clerk
Mayor Allen Settle
•
b. 0
O n
RESOLUTION NO. 9284 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S
ACTION AND DENYING THE. APPROVAL OF A NEW DETACHED GARAGE WITH
TEMPORARY DWELLING ON A SENSITIVE SITE WITH SETBACK EXCEPTIONS,
2713 MEADOW STREET, ARC 120 -01.
WHEREAS, on December 3, 2001, the Architectural Review Commission conducted a
public hearing and approved project ARC 120 -01 based on findings and subject to conditions;
and
WHEREAS, Devin and Charmaine Gallagher filed an appeal of the Architectural
Review Commission's action on December 1.1, 2001; and
WHEREAS, the City Council conducted a public hearing on January 22, 2002, and has
considered testimony of the appellant, interested parties, and the evaluation and recommendation
of staff; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the Architectural
Review Commission actions, the appellants' statement, staff recommendations and reports
thereof, makes the following findings:
1. The proposed project may adversely affect the sensitive site or damage natural resources.
2. The proposed scale of the building will not be compatible with the existing residential
character.
3. The proposed project does not comply with property development standards for the R -1 zone
and would require exceptions that are not justified at this time.
SECTION 2. Anneal Upheld. The appeal of the Architectural Review Commission's action is
hereby upheld and the project design denied.
On motion of Council Member Schwartz, seconded by Council Member Mulholland on
the following roll call vote:
AYES: Council Member Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
Resolution No. 9284(2002 Series)
Page 2
The foregoing resolution was adopted this 22 °d day of January 2002.
Mayor Allen Settle
Lee Price, City Clerk
.APPROVED AS TO FORM:
it 'Att ne ef7 ey G. Jorgensen
Deb
?UJ�
• O
RESOLUTION NO. 9283 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING THE GREATER ALTA VISTA AREA OF THE CITY AS A
RESIDENTIAL PARKING PERMIT DISTRICT AND ESTABLISHING DAYS AND
HOURS OF OPERATIONS OF SAID DISTRICT AND TIME OF RENEWAL FOR A
PARKING PERMIT AND RESCINDING RESOLUTION NO. 8359
WHEREAS, the Council of the City of San Luis Obispo established the Greater Alta
Vista Residential Parking Permit District; and
WHEREAS, the Council of the City of San Luis Obispo determined that the quality of
life for the residents of this district had been adversely affected by nonresidents using the
neighborhood streets for excessive parking; and
WHEREAS, the Council of the City of San Luis Obispo has determined that the
restriction of nonresident parked vehicles on the neighborhood streets will improve pedestrian and
vehicular safety and allow residents to gain proper access to their residences; and
WHEREAS, the majority of the residents living on the 100 and 200 blocks of Kentucky
within the Greater Alta Vista Residential Parking Permit District have petitioned for a change in
the hours of operation; and
WHEREAS, the Council of the City of San Luis Obispo has held a public hearing to
consider the changes to the parking district and permit distribution and has determined the
changes will improve the quality of life for the district residents.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Resolution No. 8359 (1994 Series) is hereby rescinded.
SECTION 2. Pursuant to Section 10.36.170 et. Seq. of the San Luis Obispo Municipal
Code the residential parking permit district hours are hereby established as shown on Exhibit A.
SECTION 3. No vehicle other than vehicles providing services to the Greater Alta Vista
District or having a permit clearly displayed on the dashboard on the driver's side of the vehicle
shall park on any street within the shaded area from 2:00 a.m. to 10:00 p.m., Monday through
Friday and the remaining district boundaries (shown in hashed area) shall restrict parking from
2:00 a.m. to 5:00 p.m., Monday through Friday.
SECTION 4. The Public Works Department shall be directed to post the district with
signs that clearly indicate these restrictions.
R 9283
• •
Resolution No. 9283 (2002 Series)
Page 2
SECTION 5. The Parking Division shall issue residential parking permits on demand as
permitted in Section 10.36.220 of the Municipal Code. Permits shall be issued for a year effective
September 15d' of each year.
Upon motion of Council Member Ewan, seconded by Council Member Mulholland and on
the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, and Mayor Settle
NOES: None
ABSENT: Vice Mayor Marx
The foregoing resolution was adopted this 22nd day of January 2002.
Mayor Allen K. Settle /
A T:
Lee Price, City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9282 (2002 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING A NEIGHBORHOOD TRAFFIC MANAGEMENT (NTM) ACTION PLAN
FOR THE AUGUSTA STREET NEIGHBORHOOD
WHEREAS, in June 1998, the City Council adopted Resolution 8811 which establishes
guidelines that direct how Neighborhood Traffic Management Plans should be prepared; and
WHEREAS, consistent with these adopted guidelines, residents of the Augusta Street
neighborhood have worked with City Transportation Staff to prepare a draft NTM Plan for Augusta
Street which calls for the installation of three speed tables between Bishop and Sydney Streets; and
WHEREAS, ballots distributed to all households within the study area requesting support
of the draft NTM plan resulted in 57% support of the plan, and this level of support exceeds the
minimum level required (51 ft and
WHEREAS; the City Council finds that the preparation of the Action Plan is consistent
with the standards and protocol contained within the NTM guidelines adopted by Resolution 8811
and that the installation of speed tables is a reasonable method for pursuing City NTM goals along
this particular corridor.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby:
1. Adopts the Augusta Street Neighborhood Traffic Management Plan, attached as Exhibit
A, and directs the Public Works Department to install improvements called for by the
plan.
On motion of Vice Mayor Marx, seconded by Council Member Schwartz and on the
following roll call vote:
AYES: Council Members Mulholland, Schwartz, Vice Mayor Marx, and Mayor
Settle
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution was adopted this 22nd day of January 200
Allen K. Settle, Mayor
Lee Price, City Clerk
�, 12,3 1
Resolution No. 9282 (2002 Series)
Page 2
APPROVED AS TO FORM:
Background
0
Augtusta Street Neighborhood Traffic Management
In the Fall of 1999, a number of residents in the Augusta Street neighborhood contacted the San
Luis Obispo Public Works Department and complained about traffic speeds on Augusta Street
between Bishop and Sydney Streets. The Public Works Department staff surveyed traffic speeds
along this segment of Augusta Street in August and September 2000 and found that 15% of the
motorists were driving at speeds of 32 miles per hour or faster with 85% driving at 31 miles per
hour or slower (see Attachment 1, Traffic Survey completed in September). These speeds exceed
the City's 25 miles per hour standard for residential collector streets.
Concerned residents circulated a petition that asked Augusta Street neighborhood households (see
Attachment 2, Study Area Map) if they supported the preparation of an "Action Plan" to address
traffic problems. Over 40% of the households indicated that they supported such a planning effort
(a minimum of 25% support is required to initiate this planning process). An Action Team was
formed with four residents and City staff to develop an equitable and affordable solution to resolve
the speeding problem.
The Action Team established goals, considered a variety of options to slow traffic speeds, and
selected one preferred solution. This preferred solution (the placement of three speed tables and
associated pavement markings and signage) was reviewed by the neighborhood at a community
meeting on October 3, 2001. Although some opposition to the speed tables was received at the
meeting from property owners who do not reside in the study area, the Action Team chose to
proceed with putting the Action Plan to a vote of the neighborhood. A minimum of 51% support of
the study area households (one vote per household) is required to approve the plan.
If approved by the neighborhood, the Action Plan will then be submitted to the City Council for
review and adoption.
Action Team Objectives
The Action Team (made up of Augusta Street neighborhood residents and City staff) developed
agreed -upon goals that form the basis for this neighborhood traffic management plan. Those
include:
1. Reduce excessive speeds on Augusta Street between Bishop and Sydney Streets. Although the
corridor average is 31 miles per hour. the 85`h percentile speed southbound in the 2300 -2400
block of Augusta Street range from 30 —36 miles per hour.
2. Develop an Action Plan that can be implemented within the budget established by the City's
Neighborhood Ti affic Management Guidelines so there will be no cost to the Augusta residents.
3. Achieve a solution that does not shift significant amounts of traffic onto other local streets. The
neighborhood has identified Sydney Street as a possible street that could be impacted by the
ttesoiuuon No. gz6z
Exhibit A
• ®
placement of speed tables on Augusta Street. To ensure traffic will not be diverted to Sydney
Street, City staff is working with Sydney Street residents to "traffic calm" their street.
Action Plan Solutions
The Action Team proposes the placement of three speed tables with associated pavement markings
and signage on Augusta Street between Bishop and Sydney Streets. Three tables were chosen
because research (see Attachment 3, Spacing of Measures) indicates that placing these devices
approximately every 300 feet is more effective. The speed tables are located between Rich and San
Mateo Streets, between San Mateo and San Carlos Streets, and San Carlos and Santa Clara Streets
(see Attachment 4, Proposed Speed Table Locations and Visual Survey photographs). Their
locations do not interfere with existing driveways or City infrastructure access points. The speed
tables are approximately 24 feet long and 3 inches high (see Attachment 5, Speed Table Examples).
This design is similar to the middle speed table /crosswalk located on Augusta Street by the
elementary school and Ramona Street behind the neighborhood shopping center. The design and
location on Augusta have been reviewed and. approved by the City's Fire Department.
The Action Team considered other possible solutions such as stop signs, chicanes, roundabouts and
pavement markings. The Action Team eliminated stop signs because they felt that the stop signs
would not be used for the intended purpose as traffic control devices, and therefore some motorists
might not fitlly stop at the controlled intersection. Additionally, statistics show that traffic
accidents can increase at locations where stop signs are placed when warrants for those stop signs
are not met. Chicanes were eliminated due to the wideness of the street (60 foot right of way) with
few cars parked on the street. Roundabouts were not considered due to the cost to construct and
maintain them. Pavement markings were not chosen because their effectiveness has not been
proven.
The Action Team discussed the drawbacks (noise and inconvenience) of speed tables and
concluded that the speed table option is the only affordable solution that is proven to be effective
(see Attachment 6, Speed Control Devices).
Implementation/Monitoring. Schedule
The three speed tables are proposed to be installed at one time, rather than in phases. After the
speed tables have been in place for six months, a traffic survey will be conducted to determine the
effectiveness of the speed tables. If the survey concludes that traffic speeds have not decreased, the
neighborhood may wish to pursue other traffic calming measures to reduce speeds.
Cost Estimates/Financing
The Neighborhood Traffic Management Guidelines establishes an allowance of $140 per household
for traffic management devices. If a project is estimated to cost more than the funding allowance,
the cost overrun is equally divided between the City and the study area households. The Attsusta
Street studv area consists of 40 households, making $5,600.00 of City funding available for the
design and installation of the three speed tables. Although the average speed tables costs about
$2,400.00 to design and construct. staff believes that all three can be constructed within the allowed
$5,600.00 budget, therefore financial participation by the neighborhood is not required.
f;OIJ1VCIL AGENDA `1EPOR1'- EXHIMT A
F>_ttachment 1
Resolution No. 9282
Neighborhood Traffic Management
A Survey of Augusta Street, between Bishop and Sydney
BACKGROUND
Residents living in the vicinity of Augusta Street, between Bishop and Sydney, contacted
the City's Public Works Department regarding vehicle speeds along Augusta Street. The
residents felt that vehicular speeds were excessive and inappropriate for a residential
neighborhood. At least one person also questioned the desirability of using Augusta
Street as a bus route and would like to see buses rerouted to Johnson Avenue.
Augusta Street serves a residential neighborhood and extends from Laurel Street to
Bishop Street and continues a few hundred feet north of Bishop Street. The southern
portion of Augusta is characterized by dense, multi - family housing and senior care
housing. The northern segment, the portion subject to this study, serves exclusively
single - family residential homes. There are several streets that intersect with Augusta at
right angles along this segment and there is private driveway access as well. Sinsheimer
Elementary School bisects these two distinct segments of Augusta Street and is a major
generator of traffic at the beginning and ends of school days.
EVALUATION STANDARDS AND PARAMETERS
Augusta Street is a north -south undivided street with two -way travel and provisions for
on- street parking. The segment subject to this study is approximately 373m (0.23 miles)
compared to approximately a 1070m (0.67 miles) total street length, or about 1/3 of the
total street length. The City's general Plan Circulation Element classifies Augusta Street
as a Residential Collector. This classification has a desired performance standard of
3,000 vehicles per day (VPD) and a desired maximum speed of 25 mile, ner hn„r t, nk
STUDY ELEMENTS
As noted above, the segment of Augusta subject to this study is between Bishop and
Sydney, 2200 block through the 2400 block. Traffic monitoring equipment was placed in
the 2200 block, 2300 block, the 2450s and the 2470s. The map at the end of this report
has the approximate locations where the monitoring equipment was placed
DATA COLLECTION
Traffic counters were installed on September 26, 2000 for a 24 -hour period. These
counters began collecting data at 12 noon on Tuesday the 261h and terminated collection
at noon on Wednesday the 27`h. This mid -week date was selected because this period
typically reflects "normal" traffic patterns and behavior.
Cia'franspnrtationANl'�I Projcct .,AAuLLISM Filldings10000
• Resolution No. 9282
• Exhibit A
The average traffic volume aloe_ Augusta Street is significantly below the Circulation
Element standard of 3,000 vehicles per day and is"eligible for NTM efforts to reduce
traffic volume.
GI Trvuportat ion \.V I'M Pro Iccb \AugUNUI F nclmga 10000
r]
• Resolution N0. 9282
Exhibit A
Table 1: Traffic Volume (Vehicles Per Day)
Block
Northbound
Southboznacl
TOTAL
2200
1113
877
1990
2300
1134
858
1992
2450s
1023
775
1798
2470s
963
733
1696
Corridor Average
1058
811
1869
The traffic volumes recorded are within the City's standards of 3000 Vehicles Per Day
(VPD) established by the Circulation Element. The traffic volume is 62 percent of the
City's standard fora Residential Collector.
TRAFFIC SPEED
The City's General Plan Circulation Element establishes a 25 mph maximum desired
speed for Residential Collector streets. Vehicle speeds recorded during the study period
exceeded this standard. The 85th percentile speeds recorded speeds in the 2200 block
were close to the Element's standards with an average speed of 27 mph, within the
margin of error of the sampling technique used. At all other sampling locations, traffic
speeds exceeded City standards established by the Circulation Element for residential
streets. Table 2 below summarizes the vehicular speeds recorded during the study period.
Table 2: Traffic Speed (85 "' Percentile Speeds)
Block
Northbound
Southbound
AVERAGE
2200
28 mph
26 mph
27 mph
2300
30 mph
36 mph
33 mph
2450s
32 mph
35 mph
34 mph
2470s
30 mph
30 mph
30 mph
Corridor Average
30 mph
32 mph
31 mph
CONCLUSIONS
Traffic speeds along this segment of Augusta moderately exceed the Circulation Element
standard of 25 mph by about 6 mph. These traffic speeds are the result, in part, of the
street width and the general topography of the street segment. Augusta is approximately
35 feet wide with on street parking permitted, but little on street parking is taking place,
effectively providing motorists an unimpeded roadway to travel. This seemingly wide
roadway promotes a higher level of comfort for the motorist resulting in speeds
moderately exceeding the limit of 25 mph. A negative slope from Bishop to
Sydney dominates the topography of the street. The combination of the slope and
comfortable driving environment combine to accommodate vehicular speeds exceeding
the . speed limit of 25 mph by 6 mph, on average.
Based on these findings, Augusta Street is eligible for efforts to reduce speeds as part of
the City's Neighborhood Traffic Management Program.
G: \Transportation \NTM Projects\.Augusta PindinesM000
CO U NC I L AG E N DA P— PORT- EXHIBIT A
Attachment 2
Resolution No. 9282
Augusta Street NTM
Boundaries of the Study Area
A
Irk
-
ILI
P-IVOOAIO
® COUNCIL ACFW)A MIT- EXHIBIT A
Attachment 3
Resolution No. 9282
Spacing of Measures
Early traffic calming initiatives in the United States tended
to space slow points far apart. Humps were often spaced
at intervals of well over 500 feet. An early study of speed
humps in Phoenix found almost no midblock speed re-
duction when humps were spaced so far apart.
There were also a few early cases ofspacing slow points
close together, to the dismay of even residents who usu-
ally support speed control measures on their streets.Traf-
fic managers must remember that residents are also mo-
torists and are inconvenienced by traffic calming measures
many times over for every time the targeted cut - through
driver is inconvenienced.
Bellevue provides good examples of both spacing prob-
lems. Every other hump originally spaced 150 feet apart
on Somerset Drive had to be removed to produce a more
satisfactory 300 -foot spacing. Conversely, humps spaced
1,000 feet apart on SE 63rd Street had to be supplemented
to bring the spacing down to 500 feet.
Figure 3.45, based on data from outside the United
States, shows midpoint speeds plotted as a function of the
spacing of slow points. For a midpoint speed of 20 mph,
slow points were typically spaced no more than 200 to 250
feet apart. For 25 mph, the typical spacing increased to about
400 feet, and for 30 mph, typical spacing was 600 feet or
greater. The types of roadways (local versus collector) and
the types of traffic calming measures were not specified.
Spacing guidelines of featured communities are pre-
sented in table 3.10. They can be compared with points
in figure 3.45 to see what speeds will likely result. The
likely speeds are generally consistent with posted speed
limits in these same communities.
Gwinnett County goes beyond basic spacing guide-
lines to consider sequencing.The county wants to avoid
having the first hump in a series approached at high speeds.
Therefore, the county positions the first hump at a point
100 to 200 feet downstream ofa tight curve or a STOP sign.
From Spot to Areawide Treatments
Traffic calming efforts in most communities begin with
spot treatments of problem streets. When problems reap-
pear at nearby locations, traffic managers often switch from
volume to speed controls, or from speed controls with
more diversion potential (standard humps) to those with
less diversion potential (traffic circles, for example).When
even the speed control measures produce diversion, pro-
gram managers begin to rethink their whole approach.
The national experience suggests that traffic calming
should be planned on an areawide basis, but not over such
a wide area that it becomes difficult to achieve consensus
on a plan. Having prepared plans for individual streets and
for large subareas of the city. Portland has settled on the
individual neighborhood as the optimal scale for plan-
ning purposes.
The case for areawide traffic calming is clear from sev-
eral examples. In Gainesville, all -way STOP signs were
installed on one neighborhood street.They created a prob-
lem by diverting cut - through traffic to another street as
drivers sought to avoid the STOP signs. Many drivers also
ran the STOP signs, a common problem when unwar-
ranted STOP signs are used simply to slow traffic. The
cut- through problem was solved only by closing another
street to create a circuitous route through the neighbor-
hood. Austin, Bellevue, Sarasota (see figure 3.46), Seattle,
West Palm Beach, and other featured communities have
experience with both spot and areawide traffic cahning.
Lessons from these places are reviewed in "Warrants,
Project Selection Procedures, and Public Involvement"
(chapter 8).
O DM 5H
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0 200 400 600 800 1000
Spacing of Slow Points (feet)
Figure 3.45. Midpoint Speed versus Distance Between Slow Points.
Source: R. Ewing, Best Developmew Practices, American Planning
Association (in cooperation with the Urban Land Institute),
Chicago, IL, 1996, p.64.
Table 3.10. Spacing Guidelines for Speed Humps in Featured
Communities.
Community
Spacing (feet)
Bellevue, WA
200 -300
Berkeley,CA
150 -400
Boulder, CO
150 -800
Gwinnett County, GA
350 -500
Howard County, MD
400 -600
Montgomery County, MD
400 -600
Phoenix, AZ
500 or less
Portland, OR
300 -600
Sources: Memos and reports of respective traffic calming
programs; interviews with staffs.
Chapter 3: Traffic Calming Measures • 63
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ATTACHMENT 2
Res ?lu 9282
Exhibit
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RESOLUTION NO. 9281 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ENDORSING PROPOSITION 42, THE TRANSPORTATION CONGESTION
IMPROVEMENT ACT
WHEREAS, Proposition 42 will help make our roads safer and reduce traffic without
higher taxes by requiring the gasoline sales taxes we already pay be used to improve mass transit,
highways and local roads; and
WHEREAS, Proposition 42 is based on the principle that taxes paid at the gas pump
should be used for transportation purposes; and
WHEREAS, traffic is paralyzing travel with Los Angeles now ranked the number one
most congested urban area in the country, San Francisco /Oakland second, San Diego sixth and
Sacramento, San Jose and San Bernardino/Riverside following close behind; and
WHEREAS, with our neglected transportation system needing attention, California has
the third worst deteriorated roads in the nation and more than 6000 of our bridges and overpasses
are structurally deficient or no longer meet highway safety or design standards; and
WHEREAS, Proposition 42 will provide a stable and ongoing source of transportation
funding that will make it possible to plan for our future transportation needs; and
WHEREAS, Proposition 42 will guarantee funds to every city and county to help fix
potholes, repair dangerous road conditions and improve the safety of children walking or biking
to school; and
WHEREAS, Proposition 42 will help speed up highway safety and traffic relief projects,
and expand and improve mass transit systems; and
WHEREAS, Proposition 42 projects will be subject to an annual audit and standard
accounting practices to ensure they are delivered on time and on budget; and
WHEREAS, by speeding up transportation projects thousands of new construction and
other jobs will be created, our economy will be stimulated and every dollar invested in our
highways will result in almost six times that in economic benefits.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the City hereby endorses Proposition 42, The Transportation Congestion
Improvement Act, which will appear on the march 5, 2002 statewide ballot.
Upon motion of Council Member Mulholland, seconded by Council Member Ewan,
and on the following roll call vote:
R 9281
® •
Resolution No. 9281 (2002 Series)
Page Two
AYES: Council Members Ewan, Marx, Schwartz and Mayor Settle
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was adopted this 22nd day of January 2002.
Mayor Allen Settle
ATTE
Lee Price, City'Clerk
it mey
n.
Support Form
I / We support Proposition 42 on the March 5, 2002 statewide ballot.
Proposition 42 will make our roads safer and reduce traffic without
higher taxes by requiring the gasoline sales taxes we already pay
be used to improve highways, local roads and mass transit.
You may add my /our name to your coalition list and may use it
publicly.
City of San Luis Obispo, California
ry 22, 2002
Allen K. Settle Mayor
Authorized Signature Printed Name Title
990 Palm Street
Mailing Address
San Luis Obispo, CA 93401 -3249
City, State, Zip
(805) 781 -7119 (805) 781 -7109
Phone FAX
E -Mail Address
www.slocity.org
Organization Website
Please give us a quote on why you or your organization supports Prop 42:
(optional)
Please FAX your completed form to Ted Green at (310) 996 -2673.
THANK YOU!
11/14
TAXPAYERS FOR TRAFFIC RELIEF/YES ON 42 • A COALITION OF TAXPAYERS, CONSTRUCTION, BUSINESS, LABOR, ENGINEERS AND COMMUTERS
11300 West Olympic Blvd. #840 • Los Angeles, CA 90064.310/996 -2671 • Fax 310/996 -2673
111 Anza Blvd. #406 • Burlingame, CA 94010 •650/340 -0470 • Fax 650/340 -1740
website: www.yesprop42.com • e -mail: info@yesprop42.com
L`
0
SAMPLE RESOLUTION IN SUPPORT OF PROPOSITION 42
WHEREAS, Proposition 42 will help make our roads safer and reduce traffic without higher taxes by requiring the
gasoline sales taxes we already pay be used to improve mass transit, highways and local roads; and
WHEREAS, Proposition 42 is based on the principle that taxes paid at the gas pump should be used for transportation
purposes; and
WHEREAS, traffic is paralyzing travel with Los Angeles now ranked the number one most congested urban area in the
country, San Francisco /Oakland second, San Diego sixth and Sacramento, San Jose and San Bernardino /Riverside following
close behind; and
WHEREAS, with our neglected transportation system needing attention, California has the third worst deteriorated roads
in the nation and more than 6000 of our bridges and overpasses are structurally deficient or no longer meet highway safety or
design standards; and
WHEREAS, Proposition 42 will provide a stable and ongoing source of transportation funding that will make it possible to
plan for our future transportation needs; and
WHEREAS, Proposition 42 will guarantee funds to every city and county to help fix potholes, repair dangerous road
conditions and improve the safety of children walking or biking to school; and
WHEREAS, Proposition 42 will help speed up highway safety and traffic relief projects, and expand and improve mass
transit systems; and
WHEREAS, all Proposition 42 projects will be subject to an annual audit and standard accounting practices to ensure
they are delivered on time and on budget; and
WHEREAS, by speeding up transportation projects thousands of new construction and other jobs will be created, our
economy will be stimulated and every dollar invested in our highways will result in almost six times that in economic benefits.
THEREFORE BE IT RESOLVED,
Organization Name
Authorized Signature
Mailing Address
E -Mail Address
12/4
SUPPORTS Proposition 42.
Date
Printer' Name Title
City, State, Zip
Organization Website
Please fax to (310) 996 -2673. Questions about Prop 42: Call (310) 996 -2671.
• •
RESOLUTION NO. 9280 (2002 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING SUBMITTAL OF A GRANT APPLICATION
TO THE STATE WATER RESOURCE CONTROL BOARD AND
CENTRAL COAST REGIONAL WATER QUALITY CONTROL BOARD
FOR FUNDS OFFERED UNDER THE COSTA - MACHADO WATER ACT OF 2000
IN SUPPORT OF THE PROJECT KNOWN AS AHEARN PROPERTY ACQUISITION
WHEREAS, the State Water Resources Control Board and Central Coast Regional Water
Quality Control Board have developed specific criteria to evaluate potential projects for the Costa -
Machado Water Act of 2000; and
WHEREAS, said agencies have solicited proposals from government agencies and
nonprofit organizations for consideration in disbursing monies derived from the Act.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Authorizes the submittal of a grant proposal to the State Water Resources Control Board
and Central Coast Regional Water Quality Control Board for grant support for the project known as
Ahearn Property Acquisition, and
2. Appoints the City Administrative Officer as agent of the City to conduct all negotiations,
execute and submit all documents, including, but not limited to, submittals, agreements,
amendments, payment requests and so on, which may be necessary for the completion of the
aforementioned proposal.
On motion of Council Member Mulholland, seconded by Council Member Ewan and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 22nd day of January 2002.
APPROVED AS TO FORM:
rKrMAIMM/11%, rog
JS,,Y�LL4A--'
• •
Q
RESOLUTION NO. 9279 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING JOINT USE AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE COUNTY OF SAN LUIS OBISPO FOR IMPROVEMENTS AND
USE OF THE EL CHORRO REGIONAL PARK — SOFTBALL FIELDS
WHEREAS, as a Major City Goal for the 2001 -03 Financial Plan calls for the
development of lighted softball fields, and
WHEREAS, if the City were to attempt to build and light two new fields, the costs
would be prohibitive, and
WHEREAS, two unlighted fields in El Chorro Park are relatively unused, and
WHEREAS, it would be in the mutual best interest of the City and the County to light
and operate recreation programs on these fields,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo approves the attached Agreement set forth as Exhibit A.
Upon motion of Council Member Mulholland, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted.this 22nd day of January 2002.
l
Mayor Allen Settle
ATTEST- (
Lee Price, City Clerk
APPROVED AS TO FORM:
R 9279
O O Exhibit A
Resolution No. 9279
Page 1 of 4
Joint Use Agreement
Between the City of San Luis Obispo and the County of San Luis Obispo
For Improvements and Use of the El Chorro Regional Park — Softball Fields
This Agreement is made this - day of 'kbrUaN 2002, between the City of San Luis
Obispo [ "City "], a municipal corporation, and the County of San Luis Obispo [ "County "].
Section I — Authority
1.1 The City and County are authorized under Section 38000 et. seq. and Section 25208.5 of the
California Government Code and their general police power to promote and preserve the general
welfare of the people of the state by providing recreational programs.
1.2 The City and County are authorized under the authority of the California Government Code
Section 6500 et seq., jointly to provide services for which each might individually be
responsible. Under such authority, the parties to this Agreement may designate any one of the
parties as the agency to administer the program and exercise such powers as may be therein
specified.
Section II — Purpose
2.1 The County owns, maintains, and operates El Chorro Regional Park for recreational uses.
Contained within the park are two softball fields that currently receive only sporadic use.
2.2 The City has an established need for more recreational softball fields, especially those
lighted for nighttime play.
2.3 Both agencies believe that a joint effort to upgrade and operate these fields would be in the
best interest of the agencies and the public they serve.
2.4 The County will receive the benefit of improved facilities, additional park users, and
increased park revenue.
2.5 The City will receive the benefit of additional softball fields, which will provide more
recreational opportunities for citizens.
Section III - Manner of Execution of the Agreement
3.1 The City will contribute an amount not to exceed $500,000 for improvements to the El
Chorro Regional Park — Softball Fields.
3.2 The improvements shall include lighting for both fields; and may include: enlarging the
backstops, upgrading of field irrigation systems including additional controllers and associated
wiring which will be linked to the Dairy Creek Golf course central irrigation control system,
A3s' Oz
0 0
Exhibit A
Resolution No. 9279
Page 2 of 4
renovation of infields, paving of adjacent parking lots, repair and enlarging of the outfield ball
nets, repair and realignment of outfield fences, planting of trees, construction of a small
maintenance equipment storage building, installation of safety netting between the fields and the
botanical garden, and any other minor improvements necessary to providing a quality recreation
experience at the site.
3.3 The City will be responsible for the completion of the improvements, with the consultation
of County staff, and following normal County construction procedures.
Section IV — Manner of Operation
4.1 The City Parks and Recreation Director and the County Parks Division Manager shall be the
administrators of this agreement.
4.2 The County will continue to provide the same level of maintenance to these fields as was
provided prior to the execution of this agreement.
4.3 The City will provide the increased maintenance incurred as a result of the execution of this
agreement; and that maintenance necessary to facilitate the recreation programs that the City will
offer at the fields. In general, the fields shall be maintained at the same appearance and
functional levels as other city lighted softball fields. The City will return the fields to the County
each day in the condition that existed prior to the City use. It will not be the City's responsibility
to provide maintenance 'for any other activity that might be scheduled on these fields by the
County.
4.4 The City will pay the electrical bill for the operation of the field lights, for all City program
uses.
4.5 The City will provide a level of supervision at the fields during organized activities equal to
that provide at other lighted softball fields in the City during similar activities.
4.6 The softball fields will be made available to the City on a first priority basis, to be used for
organized recreational activities. By September 1, of each year, the City will furnish the County
with a schedule of field use for the following year. Any long standing, historic, and significant
events facilitated by the County on these fields prior to the execution of this Agreement shall
remain in place. The City can add dates to the schedule after the adoption of a master schedule
by using the standard County reservation process.
4.7 No fees in excess of the utility charges noted in this Agreement will be charged to the City
or to City softball league participants the use of the fields. The County will continue to charge
an automobile entry fee to the park on weekends. This will include all participants in weekend
softball tournaments, not part of regular City leagues.
4.8 The City agrees to defend, indemnify, and hold harmless the County, and its officers and
agents, from and against any and all claims, demands, costs, expenses, judgments, causes of
G CG
Exhibit A
Resolution No. 9279
Page 3 of 4
action, and liability which may be incurred for any reason as a result of the use of the softball
fields for recreational programs, or as a result of such conditions that might exist at the fields and
the support facilities, as a result of the City's maintenance, use or programs.
4.9 The County agrees to defend, indemnify, and hold harmless the City, and its officers and
agents, from and against any and all claims, demands, costs, expenses, judgments, causes of
action, and liability which may be incurred for any reason as a result of the use of the softball
fields for recreational programs, or as a result of such conditions that might exist at the fields and
the support facilities as a result of the County's maintenance, use or programs.
Section V - Miscellaneous
5.1 This agreement shall have a term of 20 years. It may be renewed for another 20 years at that
time, upon mutual agreement.
5.2 Neither part to this Agreement shall assign or transfer this Agreement or any interest therein
to another party without prior written consent of the other party.
5.3 Each party to this agreement shall make the other party an Additional Insured on its public
liability and property damage insurance for the purpose of this Agreement.
APPROVED AS TO FORM:
CITY OF SAN LUIS
Mayor Allen Settle
City Clerk
o
Exhibit A
Resolution No. 9279
Page 4 of 4
COUNTY OF SAN LUIS OBISPO
By:
Chairman, Board ofrSupervisors
ATTEST:
JULIE L. RODEWALD
Clerk, Board of Supervisors
01U,41 t,c
Deputy Clerk
APPROVED AS TO FORM AND LEGAL EFFECT
JAMES B. LINDHOLM, JR.
County Counsel
BY: G� Gnu
Dated: 2( 51 to Z
�1;wA
GENERAL SERVICES
Ili THE BOARD OF SUPERVISO 6 25 AM 10: 31
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
Tuesday, February 19, 2002
PRESENT: Supervisors Harry L. Ovitt, Peg Pinard, K.H. "Katcho" Achadjian;
Michael P. Ryan, and Chairperson Shirley Bianchi
ABSENT: Supervisor None
In the matter of Consent Agenda:
Consent Agenda Items B -3, B -5, and B -7 are amended directing the Clerk to give notice of the
hearing not the Director of Public Works. Item B -14 is withdrawn for separate action. Thereafter,
on motion of Supervisor Ryan, seconded by Supervisor Ovitt, and on the following roll call
vote:
AYES: Supervisors Ryan, Ovitt, Pinard, Achadjian, and Chairperson Bianchi
NOES: None
ABSENT: None
Consent Agenda Items B -1 through B -33 are approved as recommended by the County
Administrative Officer and as amended by this Board.
Consent Agenda Items B -1 through B -33 as amended, are on file in the Office of the County Clerk-
Recorder and are available for public inspection.
cc: Administration; 02/19/02 cla
STATE OF CALIFORNIA )
ss.
County of San Luis Obispo )
I, JULIE L. RODEWALD, County Clerk and Ex- Officio Clerk ofthe Board of Supervisors,
in and for the County of San Luis Obispo, State of California, do hereby certify the foregoing to be
a fall, true and correct copy of an order made by the Board of Supervisors, as the same appears
spread upon their minute book.
WITNESS my hand and the seal of the said Board of Supervisors, affixed this 19th day of
February, 2002.
JULIE L. RODEWALD
(SEAL) County Clerk and Ex- Officio Clerk of the Board of Supervisors
By:
Deputy Clerk
BOARD OF SUPERVISORS' AGENDA FOR FEBRUARY 19, 2002 Page 3
B -6 Submittal of a resolution of intention to annex Tract 2409 to the San Luis Obispo
County Flood Control and Water Conservation District Zone 16 for the purpose of
drainage basin maintenance; 4th District. (RECOMMEND APPROVAL AND
INSTRUCT CHAIRPERSON TO SIGN AND INSTRUCT CLERK TO GIVE
NOTICE OF HEARING DATE SET FOR APRIL 23, 2002.)
B -7 Submittal of a request to authorize assessment proceedings for Tract 2409 for the
purpose ofdrainage basin maintenance; 4th District. (RECOMMEND APPROVAL
AND INSTRUCT CHAIRPERSON TO SIGN AND INSTRUCT CLERK TO GIVE
NOTICE OF HEARING DATE SET FOR APRIL 9, 2002.)
Auditor - Controller Items:
B -8 Request to approve a rate increase of 2.23% for the South County Sanitary Services
Inc., effective April 1, 2002. (RECOMMEND APPROVAL.)
B -9 Request to approve contracts with Fulbright & Jaworski, and Public Financial
Management, Inc., to provide bond counsel and financial advisory services for the
finance of the new government center. (RECOMMEND APPROVAL AND
INSTRUCT CHAIRPERSON TO SIGN.)
B -10 Submittal of an unannounced cash count of the Clerk- Recorder's Office conducted
on January 25, 2002. (RECOMMEND ITEM BE RECEIVED AND FILED.)
Board of Supervisors Items:
B -11 Request by Supervisor Achadjian to allocate $1,500 from District Four Community
Project Funds, to the Oceano/Halcyon Advisory Group to be used to hold monthly
public advisory meetings. (RECOMMEND APPROVAL AND INSTRUCT
CHAIRPERSON TO SIGN.)
B -12 Submittal of a resolution commending C Company, 1 -160 and A Company, 1 -184
Infantry Battalions. (RECOMMEND APPROVAL AND INSTRUCT
CHAIRPERSON TO SIGN.)
General Services Items:
3 Request to approve a joint use agreement with the City of San Luis Obispo for the
improvement and use of softball fields at El Chorro Regional Park. (RECOMMEND
APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)
B -14 Request to approve a contract with GSI Soils, Inc., to provide construction testing
services for the new downtown government office building. (RECOMMEND
APPROVAL AND INSTRUCT CHAIRPERSON TO SIGN.)
• O
RESOLUTION NO. 9278 (2002 Series)
CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION
ADOPTING FOREST GREEN AS A STANDARD COLOR FOR
DOWNTOWN LIGHT STANDARDS AND STREET FURNITURE
(ARC 172 -01)
WHEREAS, Sorrento Green is the recognized adopted color used for Downtown
light standards and street furniture; and
WHEREAS, the City of San Luis Obispo Architectural Review Commission
conducted a regular public hearing on December 3, 2001, for the purpose of reviewing a
new Forest Green color and finish for downtown traffic light standards and street
furniture; and
WHEREAS, the Architectural Review Commission recommends adoption of a
new Forest Green color for downtown light standards and associated street furniture to
replace the existing Sorrento Green color; and
WHEREAS, the City Council reviewed the proposed color scheme on January 8,
2002, and considered testimony from staff and members of the public; and
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as
follows:
SECTION 1. Action — Adoption of Forest Green. The City of San Luis Obispo
hereby adopts Forest Green as a standard color, as shown in Exhibit "A ", for downtown
light standards, parking meter poles and associated street furniture, based on the
following findings:
Findings:
1. The Forest Green color is widely available as a durable powder coat finish for a variety
of City utility fixtures.
2. Forest Green is superior in appearance to Sorrento Green and a new powder coated
finish for light standards will reduce long term maintenance costs.
3. Forest Green is an accepted, widely used color for existing newsracks and benches.
R 9278
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Resolution No. 9278 (2002 Series)
Page 2
On motion of Council Member Mulholland, seconded by, Council Member Ewan and on
the following roll call vote:
AYES: Council Members Ewan, Mulholland, Vice Mayor Marx, and Mayor Settle
NOES: Council Member Schwartz
ABSENT: None
The foregoing resolution was passed and adopted this 8th day of January 2002.
Mayor Allen Settle
APPROVED:
'. E� /ter .�5•�, ✓
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Resolution No. 9278 (2002 Series)
Page 3
EXHIBIT A
Existing light standard shown with new Forest Green color located at
the corner of Osos & Higuera Streets, October 9, 2001.
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• U
RESOLUTION NO. 9277 (2002 Series)
CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF
INTENTION TO ABANDON THE DESERET PLACE STREET
RIGHT -OF -WAY, BETWEEN CASA STREET AND ITS
WESTERLY TERMINUS (ABAN 45 -01)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a
regular public hearing on August 22, 2001, for the purpose of making a General Plan
determination and formulating a recommendation to the City Council on a request for
abandonment of the Deseret Place R/W between Casa Street and its westerly terminus;
WHEREAS, a title report prepared by First American Title Insurance Company
shows that the City of San Luis Obispo has fee ownership of land underlying the Deseret
Place Street R/W, and the City has received a request to quitclaim its rights to said
property; and
WHEREAS, the disposition of City -owned property must be done in accordance
with the City Charter (Section 906), the California Govemment Code (Sections 54222
and 65402) and the procedures of the City's Property Management Manual; and
WHEREAS, the City Planning Commission found that the proposed right -of -way
abandonment was consistent with the City's General Plan and Property Management
Manual, and recommended that the City Council approve the abandonment, based on
findings and subject to conditions as indicated in Planning Commission Resolution,
incorporated herein by reference;
WHEREAS, the City Council conducted a regular public hearing on October 16,
2001, for the purpose of setting a date to hear the abandonment of the Deseret Place R/W
between Casa Street and its westerly terminus;
WHEREAS, the City Council continued the item to a date uncertain, for the
purpose of resolving the compensation instrument for the proposed abandonment;
WHEREAS, the City Council conducted a regular public hearing on January 8,
2002, for the purpose of setting a date to hear the abandonment of the Deseret Place R/W
between Casa Street and its westerly terminus;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Luis Obispo as follows:
SECTION 1. Action - Intention to Abandon. It is the intention of the City of San
Luis Obispo to abandon the above - referenced public right -of -ways as shown on the map
marked Exhibit "A ", attached hereto and incorporated herein by reference, pursuant to
R 9277
City Council Resolution No. 9277 (2002 Series)
Page 2
Section 8300 et.seq. of the State of California Streets and Highways Code, and that the
abandonment shall be based on the following findings, and subject to the following
conditions:
Findings:
Right -of -Way Abandonment Findings
1. The proposed right -of -way abandonment is consistent with the General plan because it
is no longer needed for public purposes.
2. A payment of $65,000 to the Housing Authority as compensation for the property is
consistent with the City's property Management Manual.
3. The right -of -way abandonment will benefit the general public by eliminating the City's
costs for maintaining pavement and infrastructure within the R/W.
4. The proposed right -of -way abandonment is categorically exempt from environmental
review under Section 15301 of the California Environmental Quality Act.
Disposal of Surplus Property Findings
5. That portion of the right -of -way owned by the City of San Luis Obispo, is surplus
property and is no longer needed-for public purposes, and disposal of said property is
consistent with the City's General Plan.
6. This City -owned property is not suitable for development of public facilities or
affordable housing given its relative small size and irregular shape.
7. Disposition of the surplus property is exempt from the California Environmental
Quality Act.
Conditions:
1. The applicant shall work with the Housing Authority and the City to establish a
compensatory value for the right of way. The compensation to consist of $65,000
shall be paid to the Housing Authority prior to recordation of final abandonment
resolution.
2. Reservation of easements for existing public utilities shall be required, to the
satisfaction of the respective utility companies, along with any revisions to those
facilities as a result of re- development. Specific details will be determined during the
abandonment process, prior to adoption of a final abandonment resolution by the City
Council.
• •
City Council Resolution No. 9277 (2002 Series)
Page 3
3. A lot line adjustment or lot merger shall occur prior to recordation of a final
abandonment resolution to eliminate landlocked parcels to the satisfaction of the
Public Works and Community Development Director. If a lot line adjustment or lot
merger is not possible, an access easement may be considered to the satisfaction of
the Public Works.
4. The public water main in Deseret Place shall become a private main, along with the
fire hydrants. An appropriate backflow devise, valves or other necessary
appurtenances shall be installed to City and State standards and any water services
and meters within the street must be relocated to the Casa Street right of way, to the
satisfaction of the Public Works and Utilities Directors.
5. The existing storm drain easement and pipe system between Deseret Place and
Stenner Creek shall be quitclaimed by the City and maintained by the property owner.
6. Streetlights within the abandoned street shall be private and the property owner must
assume the energy costs by application to PG &E.
7. Existing parking and driveway easement/agreement must be reviewed to determine if
any revisions would be necessary as a result of abandonment. (e.g., if a common
driveway and/or private utility easements are necessary within the abandoned Deseret
Place R/W, etc.)
8. Modifications to existing frontage improvements shall be required along Casa Street.
A "street- type" entrance is acceptable if this is to remain as the emergency entrance;
otherwise, a driveway ramp or "alley- type" entrance, sidewalk and curb ramps must
be installed, to the satisfaction of the Public Works Director.
9. The public waterline within the Deseret Place R/W shall be abandoned at the mainline
in Casa Street.
10. Prior to the issuance of a demolition permit the applicant will be required to submit
an alternative emergency vehicle access plan to the Fire Department for approval. Fire
and ambulance vehicles currently use Deseret Place as the primary access to the
hospital emergency room.
The existing fire hydrant at the end of Deseret Place shall be relocated to a location as
approved by the Fire and Utilities Departments.
• •
City Council Resolution No. 9277 (2002 Series)
Page 4
SECTION 2. Copies of the map showing the particulars of the proposed
abandonment are on file in the office of the City Clerk, at 990 Palm Street.
SECTION 3. Tuesday, February 19, 2002, at 7:00 p.m. in the Council Chamber
of the City Hall, 990 Palm Street, San Luis Obispo, California is the time and place
set for hearing all persons interested in or objecting to the proposed abandonment,
which time is more than fifteen (15) days from the passage of this resolution.
SECTION 4. This resolution, together with the ayes and noes, shall be published
once in full at least ten (10) days before the public hearing on the proposed street
right -of -way abandonment, in The Tribune, a newspaper published and circulated in
this city.
SECTION 5. The City Engineer shall post at least three (3) notices of the
proposed abandonment in prominent locations near the portion of the street right -of-
way to be abandoned at least fourteen (14) days before the date set for the hearing in
accordance with Section 8322 of the Streets and Highways Code.
SECTION 6. The City Engineer shall notify utility companies affected by the
proposed abandonment within ten (10) days after adoption of the Resolution of
Intention in accordance with Section 8347 of the Streets and Highways code.
Upon motion of Council Member Mulholland, seconded by Vice Mayor Marx,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor
Marx, and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 8th day of January 2002.
Mayor Allen Settle
ATTE
City Clerk Lee Price
APPROVED AS TO FORM:
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RESOLUTION NO. 9276 (2002 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
DESIGNATING THE POND ON THE JOHNSON RANCH OPEN SPACE AS
"FORBESPOND"
WHEREAS, the City of San Luis Obispo recently purchased the Johnson Ranch
Open Space, in part with grant monies from several different sources; and
WHEREAS, one major source of grant funds for this purchase was a private grant from
Bert and Candace Forbes of San Luis Obispo; and
WHEREAS, the City of San Luis Obispo has adopted policies for the commemorative
naming of features owned or operated by the City; and
WHEREAS, under said policies the City Park and Recreation Commission did consider
the commemorative naming of the pond at the Johnson Ranch Open Space, as a measure of the
community's thanks to Bert and Candace Forbes, and has recommended same to the Council.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby declares that the pond on the Johnson Ranch Open Space shall henceforth be
known as "Forbes Pond."
On motion of Council Member Mulholland, seconded by Vice Mayor Marx and on the following
roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 8t' day of January 2002.
Allen K. Settle, Mayor
ATTEST
Lee Price, City Clerk
APPROVED AS TO FORM:
R 9276
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